C.Mukkammal v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.05.2026

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MR.JUSTICE P.VADAMALAI W.P.(MD)No.14368 of 2026 and W.M.P.(MD)No.10802 of 2026 C.Mukkammal ... Petitioner -vs1.The Revenue Divisional Officer, Revenue Divisional Office, Vellaripatti, Melur Taluk, Madurai.

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

3.The Revenue Inspector, Othakadai Division, Madurai.

... Respondents

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

For Petitioner : Mr.K.Kaleeswaran For Respondents : Mr.R.Parthiban, Counsel for State of Tamil Nadu

O R D E R

[Order of the Court was made by A.D.JAGADISH CHANDIRA, 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 a 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 [2] 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, Madurai.

(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 [3] months from the date of receipt of the appeal. (iii) In the interregnum, since it is pleaded that the land in question is a 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. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

[A.D.J.C., J.] & [P.V.M., J.] 27.05.2026 NCC :

Yes / No Index :

Yes / No Internet:

Yes / No MR

To 1.The District Collector, O/o. the District Collector, Collector Office Road, Madurai - 625 020.

2.The Revenue Divisional Officer, Revenue Divisional Office, Vellaripatti, Melur Taluk, Madurai.

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

4.The Revenue Inspector, Othakadai Division, Madurai.

A.D.JAGADISH CHANDIRA, J.

AND P.VADAMALAI, J.

MR W.P.(MD)No.14368 of 2026 27.05.2026