S.Bharathalwar v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.05.2025
CORAM:
THE HONOURABLE MRS.JUSTICE S.SRIMATHY and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and W.M.P.(MD) Nos.10832 and 10834 of 2025 S.Bharathalwar ... Petitioner vs.
1.The District Collector, Virudhunagar District, Virudhunagar.
2.The Revenue Divisional Officer, Sivakasi, Virudhunagar District.
3.The Tahsildar, Sivakasi Taluk, Virudhunagar District.
4.The Additional Secretary, Government of Tamil Nadu, Revenue and Disaster Management Department, Secretariat, Chennai.
... Respondents 1/5
PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari, calling for the records pertaining to the impugned order passed by the 3rd respondent vide his proceedings Na.Ka.Aa1/4426/2019 dated 09.05.2025 and quash the same as illegal. For Petitioner : Mr.T.Lenin Kumar For Respondents : Mr.D.Gandhiraj Special Government Pleader
ORDER
(Order of the Court was made by S.SRIMATHY, J.) The Writ Petition has been filed challenging the order of the third respondent dated 09.05.2025.
2.On a perusal of the records, it is found that the respondents have already initiated eviction proceedings and passed orders. Aggrieved over the same, the petitioner has filed a Revision Petition under Section 10(A) of the Tamil Nadu Land Encroachment Act, 1905, before the fourth respondent. Pending such Revision, the impugned order has been passed. Hence, the impugned order passed by the third respondent dated 09.05.2025 is hereby set aside. 2/5
3.In fine, the Writ Petition stands allowed. The respondents are restrained from taking any action, until the Revision Petition filed by the petitioner before the fourth respondent is disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed.
[S.S.Y.,J.] & [R.V.,J.] 21.05.2025 NCC : Yes / No Index : Yes / No Internet : Yes mm To 1.The District Collector, Virudhunagar District, Virudhunagar.
2.The Revenue Divisional Officer, Sivakasi, Virudhunagar District.
3.The Tahsildar, Sivakasi Taluk, Virudhunagar District.
3/5
4.The Additional Secretary, Government of Tamil Nadu, Revenue and Disaster Management Department, Secretariat, Chennai.
4/5
S.SRIMATHY , J.
and R.VIJAYAKUMAR , J.
mm ORDER MADE IN W.P(MD) No.14604 of 2025 DATED : 21.05.2025 5/5