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Madras High CourtWP(MD)/22752/2025disposed of

Kandasamy v. The District Collector

2025-08-21Honourable Mr Justice G.R.Swaminathan,Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.08.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)No.22752 of 2025 & W.M.P.(MD)Nos.17800 & 17802 of 2025 Kandasamy ... Petitioner Vs.

1.The District Collector, Pudukkottai District, Pudukkottai.

2.The Tahsildar, Manamelkudi, Pudukkottai.

3.The Assistant Engineer (Water Resources Department) Kallanai Canal Nagudi Division, Pudukkottai District.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the original impugned order under Na.Ka.No. 1315/2024/A6 passed by the 2nd respondent dated 25.03.2024 and to quash the same as illegal and further to direct the respondent not to disturb the lawful possession of the petitioners land situated under S.No. 43/1 located at Melasthanam village, Manamelkudi, Pudukkottai District. 1/4

For Petitioner :Mr.B.Micheal Sebastin For Respondents :Mr.S.Vinodh Government Advocate for R1 to R3

ORDER

Heard both sides.

2. The communication impugned in this writ petition is only an intra-departmental communication. As such, it may not be amenable to challenge. We however make it clear that the eviction action against the writ petitioner can be taken only by adhering to due process of law. In other words, the writ petitioner has to be put on notice and only after complying with the statutory procedure, he can be dispossessed and not otherwise.

3. With the aforesaid clarification in favour of the writ petitioner, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed.

[G.R.S., J.] [B.P., J.] 21.08.2025 NCC : Yes / No Internet : Yes / No Index : Yes / No rmi 2/4

To 1.The District Collector, Pudukkottai District, Pudukkottai.

2.The Tahsildar, Manamelkudi, Pudukkottai.

3.The Assistant Engineer (Water Resources Department) Kallanai Canal Nagudi Division, Pudukkottai District.

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G.R.SWAMINATHAN, J and B.PUGALENDHI, J.

rmi W.P(MD)No.22752 of 2025 21.08.2025 4/4