Selvi v. The Commissioner Of Land Administration,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 24.06.2026
CORAM
THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR and THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN and WMP(MD)Nos.13082, 13085 and 13087 of 2026
1. Mrs.Selvi
2. Mrs.Vijayarani
3. Mr.Nagasami
4. Mrs.Ganesammal
5. Mrs.Muthumari
6. Mrs.Devi
7. Mrs.Rasammal
8. Mrs.Rani
9. Mr.Thangasami
10. Mrs.Latchumi ... Petitioners Vs.
1. The Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai - 600005.
2. The District Collector, Ramanathapuram District, Ramanathapuram.
3. The District Revenue Officer, 1/5
4. The Sub - Collector, Revenue Divisional office, Ramanathapuram, Ramanathapuram District.
5. The Tahsildar, Keezhakarai Taluk, ... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order dated 26.05.2026 issued by the 4th Respondent in Na.Ka.No.A3/11226/2025 and quash the same as illegal, arbitrary, violative and consequently direct the Respondents to not interfere and evict the Petitioners from their respective properties comprised in Survey Nos. 417/9, 417/23, 417/33, 417/40, 417/18, 417/25, 417/49, 417/31, 417/59 and 417/58 situated at Sivakamipuram Village, Keezhakarai Taluk, For Petitioner : Mr.T.Lajapathi Roy, Senior Counsel for M/s.A.V.Saha For Respondents : Mr.S.Venkatesh, Counsel for State
ORDER
(Order of the Court was made by N.SATHISH KUMAR, J.) WMP(MD)No.13082 of 2026 filed to permit the petitioners to file a single writ petition, is ordered.
2. Challenging the order dated 26.05.2026 issued by the 4th respondent directing the petitioners to appear before the Revenue Divisional Officer with relevant documents, the petitioners have filed this writ petition. 2/5
3. According to the petitioners, they are in possession of Survey No.417 which is not a water body as per 'A' Register and the same is classified as natham land and patta has also been issued long back. Only on the basis of the patta issued in their favour, the petitioners are in possession of the said survey number, whereas, the impugned notice has been issued pursuant to the direction issued by the Division Bench in W.P(MD)No.16719 of 2020 filed by one Rajagopal, wherein, this Court has directed removal of encroachments in Survey No.417 and other survey numbers and also directed to provide alternate site to the persons who are in occupation of the subject place. It is the contention of the petitioners that when Survey No.417 is not at all classified as water body, the impugned order itself is invalid and liable to be set aside.
4. Be that as it may, we are of the view that the impugned order is only a notice calling upon the petitioners to appear and produce the documents. Therefore, the petitioners are directed to appear before the Revenue Divisional Officer and produce all the relevant records including 'A' Register. If the petitioners' survey number is not classified as Oorani or water body, the same shall be considered by the authorities. If the said survey number is found to be classified as natham, then the authorities shall not invoke the provisions of Tamilnadu Land Encroachment Act 1905 as held by the Full Bench of this 3/5
Court in Kaman @ Kamatchi (Died), Nallasivam vs. The District Collector, Dindigul and others reported in 2026-1-Writ Law Reporter 321.
5. With the above direction, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. [N.S.K., J.] & [M.J.R., J.] Index : Yes / No 24.06.2026 : Yes / No bala To
1. The Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai - 600005.
2. The District Collector, Ramanathapuram District, Ramanathapuram.
3. The District Revenue Officer,
4. The Sub - Collector, Revenue Divisional office, Ramanathapuram, Ramanathapuram District.
5. The Tahsildar, Keezhakarai Taluk, 4/5
N.SATHISH KUMAR , J.
AND M.JOTHIRAMAN, J.
bala ORDER MADE IN DATED :
24.06.2026 5/5