Muthukumar v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 23.06.2026

CORAM

THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR and THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN and WMP(MD)No.12927 of 2026 Muthukumar ... Petitioner Vs.

1. The District Collector, Sivagangai District,

2. The Tahsildar, Manamadurai Taluk, ... 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 pertaining to the impugned order passed by the 2nd respondent in Na.Ka.A4/287/2025 dated 03.06.2026 and quash the same as illegal. For Petitioner : Mr.D.Sasikumar For Respondents : Mr.C.Jeganathan, Counsel for State 1/5

ORDER

(Order of the Court was made by N.SATHISH KUMAR, J.) Challenging the eviction order passed by the 2nd respondent dated 09.06.2026, this writ petition is filed.

2. According to the petitioner, the subject land is natham land and therefore, the impugned order is unsustainable in law.

3. Learned counsel for the State appearing for the respondents has produced the order dated 13.03.2026 passed by the 1st respondent / District Collector whereby the appeal preferred by the petitioner has been rejected.

4. It is the contention of the learned counsel for the petitioner that the said order passed in the appeal filed by the petitioner has not been served on him.

5. Learned counsel for the State has served the said order dated 13.03.2026 to the counsel for the petitioner.

6. On perusal of the record, we find that already notice under Section 6 of the Tamilnadu Land Encroachment Act 1905, has been issued by the Tahsildar. Later, the same was challenged under Section 10 of the Act before the District Collector. The said appeal was also dismissed. Pursuant to the dismissal of the 2/5

appeal, the impugned order of eviction has been passed. In our view, without filing any revision under Section 10-A of the Act, the petitioner cannot challenge the consequential eviction order. As there is effective alternative remedy available before the revisional authority, the writ petitioner is permitted to file revision under Section 10-A of the Act within a period of two weeks from the date of receipt of a copy of this order and may also seek stay of the order as per law. It is also made clear that if the revision is not filed within the said stipulated time, then the authorities may proceed as per law. Till the abovesaid two weeks time, there shall not be any coercive action by the authorities.

7. With the above direction, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. [N.S.K., J.] & [M.J.R., J.] Index : Yes / No 23.06.2026 : Yes / No bala To

1. The District Collector, Sivagangai District, 3/5

2. The Tahsildar, Manamadurai Taluk, 4/5

N.SATHISH KUMAR , J.

AND M.JOTHIRAMAN, J.

bala ORDER MADE IN DATED :

23.06.2026 5/5