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Madras High CourtWP(MD)/14324/2026disposed of

R.Janagi v. The Revenue Divisional Officer

2026-05-20Honourable Mr Justice D.Bharatha Chakravarthy,Honourable Ms.Justice R. Poornima4 pages

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)No.10750 of 2026 R.Janagi ... Petitioner Vs.

1. The Revenue Divisional Officer, Revenue Divisional Office, Vellaripatti, Melur Taluk,

2. The Tahsildar, Madurai East Taluk Office, Madurai, Madurai District.

3. The Revenue Inspector, Othakadai Division,

...Respondents

PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the records relating to the impugned notice issued by the respondent No.2 in Na.Ka.No. 1148/2025/A3 dated 12.03.2026 under Section III of 6 of the Tamil Nadu Land Encroachment Act, 1905 and quash the same, and property situated at Survey No.6/1 and D.No. 1/90D, Kannimar Nagar, Ulaganeri, Uthangudi, Madurai District, except by following due process of law. 1/4

For Petitioner : Mr.T.Guru Sundar For R1 to R3 : Mr.A.Baskaran Additional Government Pleader

ORDER

(Order of the Court was made by D.BHARATHA CHAKRAVARTHY, J.) The writ petition is filed challenging the impugned order dated 12.03.2026. The same is passed under Section 6 of the Tamil Nadu Land Encroachment Act, 1905. As against the said order, the petitioner has an effective alternative remedy of filing an appeal before the District Collector.

2. The learned counsel for the petitioner would submit that though the petitioner filed an appeal in time, however, the same was wrongly preferred to the Revenue Divisional Officer.

3. Be that as it may, since it is contended that the land in question is an Natham land, it is simply mentioned as POB in the impugned order. We are of the view that the interim protection can be granted to the petitioner until the disposal of the appeal. In view thereof, this writ petition is disposed of on the following terms:

(i) Within two weeks from the date of receipt of the web copy of the order, the petitioner shall file a fresh appeal to the file of the District Collector, 2/4

(ii) Upon such filing of the appeal, the same shall be treated as within time and the same shall be disposed of in the manner known to law within three months from the date of receipt of the appeal. (iii) in the interregnum, since it is pleaded that the land in question is Natham land and the classification itself is not clearly mentioned in the impugned order, let no eviction be done pending the disposal of the appeal. No costs. Consequently, connected miscellaneous petition is closed. [D.B.C., J.] & [R.P., J.] Index : No 20.05.2026 : No bala To

1. The Revenue Divisional Officer, Revenue Divisional Office, Vellaripatti, Melur Taluk,

2. The Tahsildar, Madurai East Taluk Office, Madurai, Madurai District.

3. The Revenue Inspector, Othakadai Division, 3/4

D.BHARATHA CHAKRAVARTHY , J.

and R.POORNIMA , J.

bala ORDER MADE IN DATED :

20.05.2026 4/4