S.Kannan Poosari v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 20.05.2026

CORAM

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY and THE HONOURABLE MS.JUSTICE R.POORNIMA and WMP(MD)Nos.10653 and 10654 of 2026 S.Kannan Poosari ... Petitioner Vs.

1. The District Collector, Collectorate Office, Madurai District, Madurai.

2. The Tahsildar, Thirupparangundram Taluk, Thirupparangundram, Madurai District.

3. The Commissioner, Madurai Corporation, Arignar Anna Malligai, Thallakulam, Madurai.

4. Sundarrajan

...Respondents

PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, call for the records pertaining to the impugned order of the 2nd respondent in Na.Ka.No. 4535/2022/C dated 12.05.2026 and quash the same as illegal. 1/5

For Petitioner : Mr.C.Ezhilarasu For R1 & R2 : Mr.Gangadharan Government Advocate For R3 : Mr.S.Vinayak, Standing Counsel

ORDER

(Order of the Court was made by D.BHARATHA CHAKRAVARTHY, J.) The writ petition is filed challenging the impugned proceedings dated 12.05.2026.

2. The learned counsel for the petitioner would submit that the petitioner is in settled possession of the subject property and the property belongs to the temple and since he is a poosari of the temple, he is in occupation of the temple property and the respondents have no jurisdiction to remove the petitioner.

3. When the matter came up for hearing, the learned counsel appearing on behalf of the respondents 1 and 2 would submit that already a show cause notice was issued and thereafter an order under Section 6 was passed on 09.05.2024. The petitioner had even challenged the same by way of WP(MD)No.11228 of 2024 and the same was dismissed giving the liberty to the petitioner to file an appeal. Till date, no appeal has been filed, and what is now challenged is the consequential proceedings which is an inter-office communication directing the appropriate authority to carry out the eviction. 2/5

4. In reply thereof, the learned counsel for the petitioner would submit that the petitioner will file such appeal in the manner known to law.

5. When earlier the petitioner has challenged the order of eviction and the said writ petition having been dismissed with liberty to file an appeal, the petitioner cannot now maintain the present writ petition challenging the consequential proceedings. Therefore, the writ petition cannot be entertained. If the petitioner is still advised to file an appeal as against the original order of eviction, he is free to do so.

6. Accordingly, the Writ Petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

[D.B.C., J.] & [R.P., J.] Index : Yes / No 20.05.2026 : Yes / No bala 3/5

To

1. The District Collector, Collectorate Office, Madurai District, Madurai.

2. The Tahsildar, Thirupparangundram Taluk, Thirupparangundram, Madurai District.

3. The Commissioner, Madurai Corporation, Arignar Anna Malligai, Thallakulam, Madurai.

4/5

D.BHARATHA CHAKRAVARTHY , J.

and R.POORNIMA , J.

bala ORDER MADE IN DATED :

20.05.2026 5/5