Nagalingam, v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.11.2025
CORAM:
THE HONOURABLE DR.JUSTICE ANITA SUMANTH AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN and W.M.P.(MD)No.26033 & 26035 of 2025 1.Nagalingam 2.Arockia Mercy ... Petitioners /Vs./
1. The District Collector, Sivagangai District, Sivagangai.
2. The Revenue Divisional Officer, Sivagangai, Sivagangai District.
3. The Tahsildar, Kalayarkovil Taluk, Sivagangai District.
4. The Zonal Deputy Tahsildar, Kalyarkovil Taluk, Sivagangai District.
... Respondents 1/4
PRAYER:- Writ Petition - filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records relating to the impugned eviction notice dated 10.11.2025 in the proceedings bearing Na.Ka.A6/998/2025 under Section 6 of the Tamil Nadu Land Encroachment Act on the file of the 3rd Respondent and quash the same. For Petitioners : Mr.V.Kannan For Respondents : Mr.S.P.Maharajan Special Government Pleader
ORDER
(Order of the Court was made by DR.ANITA SUMANTH, J.) WMP (MD) No.26033 of 2025 filed seeking to file a single Writ Petition is ordered on payment of separate Court fee.
2. Mr.V.Kannan, 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endorsement to the effect that this writ petition is not pursued, recording which, this writ petition is dismissed as withdrawn with liberty to the petitioners to move the appellate authorities by way of statutory appeal under Section 10A of the Tamil Nadu Land Encroachment Act, 1905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. If the appeal and the stay application, are filed within the stipulated time limit, the District Collector, Sivagangai District / R1 / appellate authority is directed to dispose the stay application within four weeks from the institution thereof, 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 as stated supra, the benefit granted to the petitioners under this order shall stand revoked, without further reference to the petitioners. No costs. Connected miscellaneous petition is closed.
[A.S.M.J.,] & [C.K.J.,] 18.11.2025 NCC :Yes/No Index :Yes/No Internet :Yes sm Note: Issue order copy on 18.11.2025.
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DR.ANITA SUMANTH, J.
AND C.KUMARAPPAN, J.
sm TO:-
1. The District Collector, Sivagangai District, Sivagangai.
2. The Revenue Divisional Officer, Sivagangai, Sivagangai District.
3. The Tahsildar, Kalayarkovil Taluk, Sivagangai District.
4. The Zonal Deputy Tahsildar, Kalyarkovil Taluk, Sivagangai District.
Order made in Dated:
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