Pandi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.05.2025

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI AND W.M.P (MD).No.10954 of 2025 Pandi ... Petitioner -vs1.The District Collector, Office District Collectorate Office, Sivagangai District.

2.The Revenue Divisional Officer, Office Revenue Divisional Office, Sivagangai, Sivagangai District.

3.The Tahsildhar, Kalayarkovil Taluk Office, Kalaiyarkovil Taluk, Sivagangai District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari to call for the records pertaining to the impugned notice issue by the third respondent in Na.Ka.No.A6/3969/2022, dated 20.05.2025 and quash the same.

For Petitioner :

Mr.K.Yasar Arafath For Respondents :

Mr.B.Ramanathan, Additional Government Pleader

O R D E R

This Writ Petition has been filed challenging the proceedings of the third respondent dated 20.05.2025 directing the petitioner to remove the encroachment, failing which, the encroachment will be removed on 26.05.2025.

2. It is seen from records that the petitioner already filed an appeal before the first respondent and the first respondent through the proceedings dated 05.05.2025 rejected the appeal. According to the petitioner, the rejection order was received by the petitioner only on 17.05.2025 and by the time, the petitioner exercised his right of filing a revision before the concerned Authority, the impugned notice dated 20.05.2025 came to be issued by the third respondent.

3. Mr.B.Ramanathan, learned Additional Government Pleader, takes notice on behalf of the respondents.

4. The grievance expressed by the petitioner is that even before the revision could be filed, the impugned notice came to be issued by the third respondent dated 20.05.2025 seeking to evict the petitioner.

5. The petitioner wants to file a revision in this case and in the meantime, the petitioner seeks for an interim order. This Division Bench cannot go into the merits of the case, since it will be dealt with by the revisional authority before whom the revision lies. A Writ Petition cannot be filed only for the sake of getting an interim order when the main relief is by way of filing a revision.

6. The learned counsel appearing for the petitioner submitted that already steps have been taken to file a revision before the Commissioner of Land Administration.

7. In view of the above, without going into the merits of the case, there shall be a direction to the petitioner to file the revision before the concerned authority on or before 06.06.2025. Till then, the present Status quo shall be maintained. It is left open to the revisional authority to consider the interim protection sought for by the petitioner during the

pendency of the revision petition on its own merits and in accordance with law.

8. This Writ Petition is disposed of in the above terms. No costs. Consequently, the connected miscellaneous petition is closed. [N.A.V., J.] [L.V.G., J.] 28.05.2025 Index: Yes/No Speaking/Non-speaking order TSG To 1.The District Collector, Office District Collectorate Office, Sivagangai District.

2.The Revenue Divisional Officer, Office Revenue Divisional Office, Sivagangai, Sivagangai District.

3.The Tahsildhar, Kalayarkovil Taluk Office, Kalaiyarkovil Taluk, Sivagangai District.

N.ANAND VENKATESH , J.

and L.VICTORIA GOWRI , J.

TSG 28.05.2025