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Madras High CourtWP(MD)/30463/2025disposed of

G.Sebasti Sagayaselvarani v. The District Collector

2025-10-29Honourable Dr Justice Anita Sumanth,Honourable Mr. Justice C.Kumarappan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.10.2025

CORAM:

THE HONOURABLE DR.JUSTICE ANITA SUMANTH AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN and W.M.P(MD)No.23679 & 23681 of 2025 G.Sebasti Sagayaselvarani ... Petitioner /Vs./

1. The District Collector, District Collectorate Office, Madurai District - 625020.

2. The Tahsildar, Madurai East Taluk, Madurai District.

3. The Block Development Officer (Village Panchayat), Penniquick Campus, District Collectorate Office, Old Building, Madurai - 625020.

... Respondents PRAYER:- Writ Petition - filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari to call for the records of the impugned communication in Na.Ka.No.2531/2025/A3 dated 19.09.2025 by the 2nd respondent and quash the same as illegal.

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For Petitioner : Mr.S.Vidhya Sagar For Respondents: Mr.S.P.Maharajan (R1 & R2) Special Government Pleader : Mr.J.Ashok (R3) Additional Government Pleader

ORDER

(Order of the Court was made by DR.ANITA SUMANTH, J.) The petitioner is riding two horses. Challenge in this writ petition is to an order dated 19.09.2025 passed under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 ('Act'). The petitioner has also instituted a statutory appeal under Section 10A of the Act on 25.09.2025 before R1.

2. That appeal is pending. Interalia, the petitioner has also sought interim protection and directions from the appellate authority to the respondents not to interfere with the peaceful enjoyment of the property in S.No.13/12, Kondapeththan Village, Madurai North Taluk, Madurai District, ('property in question'). Since, even pending a request for interim protection, the authorities are proceeding to take coercive steps for recovery measures, he has approached this Court. 2/4

3. Seeing as the said application / request of the petitioner for stay is pending before the appellate authority, it would suffice to direct the appellate authority / R1, to hear the petitioner and dispose the application / request for interim protection within a period of four weeks from the date of the petitioner's appearance, for which purpose, the petitioner shall appear before the District Collector, Madurai, / R1 on 04.11.2025 at 11.00 a.m., without anticipating any notice. Convenience of the District Collector has also been ascertained in this regard.

4. The petitioner shall be granted audience, heard and the stay application disposed within four weeks from date of hearing. Till such time, ie., either for a period of four weeks from 04.11.2025 or till disposal of the prayer for interim relief, status quo shall be maintained by the authorities with regard to the property in question. This writ petition stands disposed. No costs. Connected Miscellaneous Petitions are closed.

[A.S.M.J.,] & [C.K.J.,] 29.10.2025 NCC :Yes/No Index :Yes/No Internet :Yes sm 3/4

DR.ANITA SUMANTH, J.

AND C.KUMARAPPAN, J.

sm To

1. The District Collector, District Collectorate Office, Madurai District - 625020.

2. The Tahsildar, Madurai East Taluk, Madurai District.

3. The Block Development Officer (Village Panchayat), Penniquick Campus, District Collectorate Office, Old Building, Madurai - 625020.

Order made in Dated:

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