T.Palanivel v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.11.2025

CORAM:

THE HONOURABLE DR.JUSTICE ANITA SUMANTH AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN and W.M.P.(MD)No.25635, 25638 & 25639 of 2025 1.T.Palanivel 2.P.Indira ... Petitioners /Vs./

1. The District Collector, Office of the District Collectorate, Virudhunagar, Virudhunagar District.

2. The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Sivakasi, Virudhunagar District.

3. The Revenue Thasildhar, Office of the Thasildhar, Srivilliputtur, Virudhunagar District.

... Respondents 1/4

PRAYER:- Writ Petition - filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to quash the section 6 Notice dated 28.10.2025 issued under the Tamil Nadu Land Encroachment Act, 1905 and consequential eviction notice issued by the 3rd respondent dated 28.10.2025.

For Petitioners : Mr.S.I.Muthiah For Respondents : Mr.M.Sarangan Special Government Pleader

ORDER

(Order of the Court was made by DR.ANITA SUMANTH, J.) WMP (MD) No.25635 of 2025 filed seeking to file a single Writ Petition is ordered on payment of separate Court fee.

2. Mr.S.I.Muthiah, learned counsel appearing for the petitioners makes an endorsement to the effect that this writ petition is not pursued, recording which, this writ petition is dismissed as withdrawn with liberty to the petitioners to file an appeal under Section 10A of the Tamil Nadu Land Encroachment Act, 1905 ('Act') and for interim protection under Section 10B of the Act, within a period of one week from today.

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3. The appeal and the stay application, if filed within the stipulated time limit, shall be entertained by the appellate authority and the stay application shall be decided within four weeks of institution of the appeal, after hearing the petitioners, in line with principles of natural justice and in accordance with law. Hence, for a period of five weeks from today, or till the disposal of stay application once filed, whichever is earlier, status quo shall be maintained.

4. It is made clear that if the aforesaid liberty is not availed by the petitioners within a period of one week from today, the impugned order shall stand restored and the benefit granted to the petitioners under this order shall stand revoked, without further reference to the petitioners. No costs. Connected miscellaneous petitions are closed. [A.S.M.J.,] & [C.K.J.,] 13.11.2025 NCC :Yes/No Index :Yes/No Internet :Yes sm Note: Issue order copy on 13.11.2025.

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DR.ANITA SUMANTH, J.

AND C.KUMARAPPAN, J.

sm TO:-

1. The District Collector, Office of the District Collectorate, Virudhunagar, Virudhunagar District.

2. The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Sivakasi, Virudhunagar District.

3. The Revenue Thasildhar, Office of the Thasildhar, Srivilliputtur, Virudhunagar District.

Order made in Dated:

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