M.Mayakrishnammal v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 07.04.2026
CORAM
THE HONOURABLE MR JUSTICE D.BHARATHA CHAKRAVARTHY M.Mayakrishnammal ... Petitioner Vs.
1. The District Collector, Virudhunagar District.
2. The Revenue Divisional Officer, Sattur Division, Virudhunagar District.
3. The Tahsildar, Vembakottai Taluk, Virudhunagar District.
4. S.Guruvalingam
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing respondents 2 to 3 to take immediate action as against the 4th respondent from putting up or using any building for fireworks shop, explosive storage, or any commercial activity in the agricultural land situated at Panayapatty, Vembakottai, Sattur Taluk, Virudhunagar District comprised in survey No. 442/1B on the basis of the petitioner representation dated 12.01.2026 and pass such further or other orders as
this Honble Court may deem fit and proper in the circumstances of the case and thus render justice.
For Petitioner :Mr.J.Vishnu For R1 to R3 :Mr.M.Lingadurai Special Government Pleader
ORDER
The present writ petition has been filed for the following relief:- "Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing respondents 2 to 3 to take immediate action as against the 4th respondent from putting up or using any building for fireworks shop, explosive storage, or any commercial activity in the agricultural land situated at Panayapatty, Vembakottai, Sattur Taluk, Virudhunagar District comprised in survey No. 442/1B on the basis of the petitioner representation dated 12.01.2026"
2. Heard Mr.J.Vishnu, learned counsel appearing for the petitioner and Mr.M.Lingadurai, learned Special Government Pleader, who takes notice on behalf of the respondents 1 to 3.
3. Upon consideration of the said representation dated 12.01.2026 and hearing the learned counsel for the petitioner, it can be seen that the 4th respondent is the owner of the property only in respect of S.No. 442/1A. The petitioner is the owner of the property in respect of S.No.
442/1B. However, by an error committed while drawing the FMB Sketch, a portion of the land in S.No.442/1B which also shown as if the 4th respondent is the owner of the same.
4. In view of the said clerical error, the 4th respondent is taking undue advantage and is now putting up a fireworks shop / storage as if the property entirely belongs to him including the pathway. Already, the petitioner has filed a Suit in O.S.No.14 of 2026 on the file of the learned District Munsif Court, Sivakasi, seeking declaration and permanent injunction in respect of the same and the same is pending.
5. Heard the learned counsel on either side and perused the material records of the case.
6. From the above averments, it can be seen that the dispute pertains to a question of title between the petitioner and the 4th respondent. Since a civil suit is already pending, the official respondents, who are only responsible for granting the necessary licence, cannot adjudicate upon the issue of title. However, it is open to
the petitioner to approach the same Civil Court in which the suit is pending and seek appropriate interim relief relating to the possession and enjoyment of the said land. As and when any interim order is granted in favour of the petitioner, the same shall be duly taken note of and strictly complied with by the official respondents. The grievance against the 4th respondent cannot be entertained in these proceedings, and the petitioner is at liberty to file an interlocutory application for such interim reliefs before the concerned Civil Court
7. With the above liberty, the writ petition stands disposed of. No costs.
07.04.2026 Index: Yes Speaking Order: Yes rgm
To
1. The District Collector, Virudhunagar District.
2. The Revenue Divisional Officer, Sattur Division, Virudhunagar District.
3. The Tahsildar, Vembakottai Taluk, Virudhunagar District.
D.BHARATHA CHAKRAVARTHY , J.
rgm 07.04.2026