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Madras High CourtWP(MD)/25529/2025dismissed

Balamurugan v. The District Collector

2025-09-18Honourable Mr Justice G.R.Swaminathan,Honourable Mr Justice B.Pugalendhi4 pages

1 W.P.(MD)NO.25529 OF 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.09.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MR.JUSTICE B.PUGALENDHI W.P.(MD)No.25529 of 2025 AND W.M.P.(MD)Nos.19997 & 19999 of 2025 Balamurugan ... Petitioner Vs.

1. The District Collector, Trichy District, Trichy.

2. The Tahsildar, Marungapuri Taluk Office, M.Kallupatti, Trichy District.

3. The Revenue Inspector, Marungapuri Circle, M.Kallupatti, Trichy District.

4. Gothandapani

5. Ganeshan

6. Muthukumar

7. Vellaidurai

8. Kanagaraj ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, issuing a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order of the 1/4

2 W.P.(MD)NO.25529 OF 2025 second respondent vide his proceedings No.Nil dated 28.08.2025 and quash the same as illegal and biased one and consequently directing the respondents 2 and 3 to follow uniformity in eviction process including the petitioner and against the respondents 4 to 8 herein, in respect of the encroachment in the channel from Pappankulam to Chethupatti Periyakulam comprised in survey Nos.457, 465, 466, 470, 488 and 490 and other survey numbers situated at Muthalvarpatti Village, Marungapuri Taluk, Trichy District. For Petitioner : Mr.K.Arunraj For R-1 to R-3 : Mr.C.Venkatesh Kumar, Special Government Pleader.

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O R D E R

Heard both sides.

2. The petitioner challenges the order passed by the second respondent under Section 6 of the Tamil Nadu Land Encroachment Act, 1905. The petitioner had encroached on the channel. He has engaged in cultivation. The petitioner's counsel states that he filed an appeal under Section 10 of the Act and that the impugned proceedings can be directed to be kept in abeyance till the disposal of 2/4

3 W.P.(MD)NO.25529 OF 2025 the appeal. When the petitioner resorted to avail the appeal remedy, his remedy is there. If the petitioner has even a semblance of right, he would have definitely been granted some interim protection. The petitioner does not have any right at all. We do not find any ground to interfere. This writ petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed. (G.R.SWAMINATHAN, J.) & (B.PUGALENDHI, J.) 18th September 2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No PMU To:

1. The District Collector, Trichy District, Trichy.

2. The Tahsildar, Marungapuri Taluk Office, M.Kallupatti, Trichy District.

3. The Revenue Inspector, Marungapuri Circle, M.Kallupatti, Trichy District.

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4 W.P.(MD)NO.25529 OF 2025 G.R.SWAMINATHAN,J.

AND B.PUGALENDHI, J.

PMU W.P.(MD)No.25529 of 2025 18.09.2025 4/4