S.Rethinam v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.09.2025

CORAM:

THE HONOURABLE DR.JUSTICE ANITA SUMANTH AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN and W.M.P(MD)No.19194 of 2025 S.Rethinam ... Petitioner Vs.

1.The District Collector, Sivagangai, 2.The Revenue Divisional Officer, Ramnagar, Devakottai, 3.The Tahsildar, Devakottai, 4.The Zonal Deputy Tahsildar, Devakottai, 1/6

5.The Firka Revenue Inspector, Puliyal, 6.The Village Administrative Officer, Thidakottai Group, ... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned notice of the fourth respondent issued on 02.06.2025 under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 and consequential eviction notice dated 04.08.2025 issued by third respondent under Section 6 of the Tamil Nadu Land Encroachment Act, 1905, quash the same and consequently forbear the respondents 3 to 6 herein from in any manner interfering with the possession and enjoyment of petitioner in Survey No.428/25, Paruthiyur Village, Puliyal Post, Devakottai Taluk, Sivagangai District till the disposal of appeal Na.Ka/A1.3224/2025 on the file of the second respondent. For Petitioner : Mr.S.Sivathilakar for Mr.B.Muruganandam For Respondents : Mr.M.Sarangan Additional Government Pleader 2/6

ORDER

(Order of the Court was made by DR.ANITA SUMANTH, J.) Read this in continuation and in conjunction with order dated 09.09.2025.

2. Today, Mr.S.Sivathilakar, learned counsel who appears for the petitioner, files a compilation enclosing a copy of the appeal and stay petition, both dated 11.09.2025, that have been received by the District Collector on 15.09.2025.

3. In such circumstances, there is no necessity for the present writ petition as an appeal has been filed as against the impugned order.

4. Recording the same, this Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is dismissed. 3/6

5. However, there is a direction to the District Collector, Sivagangai District to dispose the stay petition within a period of four (4) weeks from today, after hearing the petitioner.

6. Status quo shall be maintained for a period of four weeks from today or till the disposal of the Stay Petition, whichever is earlier. [A.S.M.J.,] & [C.K.J.,] 17.09.2025 NCC :Yes/No Index :Yes/No Internet :Yes mbi 4/6

To 1.The District Collector, Sivagangai, 2.The Revenue Divisional Officer, Ramnagar, Devakottai, 3.The Tahsildar, Devakottai, 4.The Zonal Deputy Tahsildar, Devakottai Taluk, Devakottai, 5.The Firka Revenue Inspector, Puliyal, 6.The Village Administrative Officer, Thidakottai Group, 5/6

DR.ANITA SUMANTH, J.

AND C.KUMARAPPAN, J.

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