Madras High CourtWP(MD)/36873/2025dismissed

A.Pachaikannu v. The District Collector

2025-12-26Honourable Mr Justice P.Velmurugan,Honourable Mr.Justice M.Jothiraman15 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.12.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.VELMURUGAN and THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN W.P.(MD) Nos.36873, 36874, 36875, 36876, 36877, 36878, 36879 & 36880 of 2025 and W.M.P.(MD) Nos.29319, 29321, 29320, 29322, 29323, 29325, 29327, 29329, 29324, 29326, 29328, 29333, 29330, 29331, 29332 & 29334 of W.P.(MD) No.36873 of 2025:

A.Pachaikannu ... Petitioner -vs1.The District Collector Office of the District Collector 2.The Revenue Divisional Officer Office of the Revenue Divisional Officer Paramakudi Taluk 3.The Tahsildar Kadaladi Taluka Office

4.The Executive Officer Sayalkudi Town Panchayat Sayalkudi 5.A.Arumugapandi 6.M.Lakshmi ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus calling for the records of the impugned orders passed by the third respondent herein in his proceedings in Na.Ka.B3/617/2018, dated 25.11.2025 and consequential impugned order in Na.Ka.B3/617/2018, dated 19.12.2025 and quash the same as illegal and consequently direct the respondents to consider the petitioner's representation dated 22.12.2025 and subsequently pass appropriate order(s) in accordance with law, within a time stipulate by this Court. For Petitioner Mr.V.Meenakshi Sundaram for Mr.S.Atham Ali For Respondents Mr.P.Subbaraj Special Government Pleader for R1 to R3

W.P.(MD) No.36874 of 2025:

R.Tamilarasan ... Petitioner -vs1.The District Collector Office of the District Collector 2.The Revenue Divisional Officer Office of the Revenue Divisional Officer Paramakudi Taluk 3.The Tahsildar Kadaladi Taluka Office 4.The Executive Officer Sayalkudi Town Panchayat Sayalkudi 5.A.Arumugapandi 6.M.Lakshmi ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus calling for the records of the impugned orders passed by the third respondent herein in his proceedings in

Na.Ka.B3/617/2018, dated 25.11.2025 and consequential impugned order in Na.Ka.B3/617/2018, dated 19.12.2025 and quash the same as illegal and consequently direct the respondents to consider the petitioner's representation dated 22.12.2025 and subsequently pass appropriate order(s) in accordance with law, within a time stipulate by this Court. For Petitioner Mr.V.Meenakshi Sundaram for Mr.S.Atham Ali For Respondents Mr.P.Subbaraj Special Government Pleader for R1 to R3 W.P.(MD) No.36875 of 2025:

N.Sekar ... Petitioner -vs1.The District Collector Office of the District Collector 2.The Revenue Divisional Officer Office of the Revenue Divisional Officer Paramakudi Taluk 3.The Tahsildar Kadaladi Taluka Office

M.Ibrahimmoosa ... Petitioner

-vs1.The District Collector Office of the District Collector 2.The Revenue Divisional Officer Office of the Revenue Divisional Officer Paramakudi Taluk 3.The Tahsildar Kadaladi Taluka Office 4.The Executive Officer Sayalkudi Town Panchayat Sayalkudi 5.A.Arumugapandi 6.M.Lakshmi ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus calling for the records of the impugned orders passed by the third respondent herein in his proceedings in Na.Ka.B3/617/2018, dated 25.11.2025 and consequential impugned order in Na.Ka.B3/617/2018, dated 19.12.2025 and quash the same as illegal and consequently direct the respondents to consider the petitioner's representation

dated 22.12.2025 and subsequently pass appropriate order(s) in accordance with law, within a time stipulate by this Court. For Petitioner Mr.V.Meenakshi Sundaram for Mr.S.Atham Ali For Respondents Mr.P.Subbaraj Special Government Pleader for R1 to R3 W.P.(MD) No.36877 of 2025:

A.Backiyaraj ... Petitioner -vs1.The District Collector Office of the District Collector 2.The Revenue Divisional Officer Office of the Revenue Divisional Officer Paramakudi Taluk 3.The Tahsildar Kadaladi Taluka Office 4.The Executive Officer Sayalkudi Town Panchayat Sayalkudi

5.A.Arumugapandi 6.M.Lakshmi ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus calling for the records of the impugned orders passed by the third respondent herein in his proceedings in Na.Ka.B3/617/2018, dated 25.11.2025 and consequential impugned order in Na.Ka.B3/617/2018, dated 19.12.2025 and quash the same as illegal and consequently direct the respondents to consider the petitioner's representation dated 22.12.2025 and subsequently pass appropriate order(s) in accordance with law, within a time stipulate by this Court. For Petitioner Mr.V.Meenakshi Sundaram for Mr.S.Atham Ali For Respondents Mr.P.Subbaraj Special Government Pleader for R1 to R3 W.P.(MD) No.36878 of 2025:

T.Senthur Pandiyan ... Petitioner -vs1.The District Collector Office of the District Collector

2.The Revenue Divisional Officer Office of the Revenue Divisional Officer Paramakudi Taluk 3.The Tahsildar Kadaladi Taluka Office 4.The Executive Officer Sayalkudi Town Panchayat Sayalkudi 5.A.Arumugapandi 6.M.Lakshmi ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus calling for the records of the impugned orders passed by the third respondent herein in his proceedings in Na.Ka.B3/617/2018, dated 25.11.2025 and consequential impugned order in Na.Ka.B3/617/2018, dated 19.12.2025 and quash the same as illegal and consequently direct the respondents to consider the petitioner's representation dated 22.12.2025 and subsequently pass appropriate order(s) in accordance with law, within a time stipulate by this Court.

For Petitioner Mr.V.Meenakshi Sundaram for Mr.S.Atham Ali For Respondents Mr.P.Subbaraj Special Government Pleader for R1 to R3 W.P.(MD) No.36879 of 2025:

G.Janatha ... Petitioner -vs1.The District Collector Office of the District Collector 2.The Revenue Divisional Officer Office of the Revenue Divisional Officer Paramakudi Taluk 3.The Tahsildar Kadaladi Taluka Office 4.The Executive Officer Sayalkudi Town Panchayat Sayalkudi 5.A.Arumugapandi 6.M.Lakshmi ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus calling for the records of the impugned orders passed by the third respondent herein in his proceedings in Na.Ka.B3/617/2018, dated 25.11.2025 and consequential impugned order in Na.Ka.B3/617/2018, dated 19.12.2025 and quash the same as illegal and consequently direct the respondents to consider the petitioner's representation dated 22.12.2025 and subsequently pass appropriate order(s) in accordance with law, within a time stipulate by this Court. For Petitioner Mr.V.Meenakshi Sundaram for Mr.S.Atham Ali For Respondents Mr.P.Subbaraj Special Government Pleader for R1 to R3 W.P.(MD) No.36880 of 2025:

S.Mohamed Vaipathan ... Petitioner -vs1.The District Collector Office of the District Collector 2.The Revenue Divisional Officer Office of the Revenue Divisional Officer Paramakudi Taluk

3.The Tahsildar Kadaladi Taluka Office 4.The Executive Officer Sayalkudi Town Panchayat Sayalkudi 5.A.Arumugapandi 6.M.Lakshmi ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus calling for the records of the impugned orders passed by the third respondent herein in his proceedings in Na.Ka.B3/617/2018, dated 25.11.2025 and consequential impugned order in Na.Ka.B3/617/2018, dated 19.12.2025 and quash the same as illegal and consequently direct the respondents to consider the petitioner's representation dated 22.12.2025 and subsequently pass appropriate order(s) in accordance with law, within a time stipulate by this Court. For Petitioner Mr.V.Meenakshi Sundaram for Mr.S.Atham Ali For Respondents Mr.P.Subbaraj Special Government Pleader for R1 to R3

C O M M O N O R D E R [Order of the Court was made by P.VELMURUGAN, J.] These writ petitions have been filed challenging the orders dated 25.11.2025, passed by the third respondent, under Section 6 of the Tamil Nadu Land Encroachment Act, 1905, directing removal of encroachments in the subject land within fifteen days and the consequential notices dated 19.12.2025, issued by the third respondent, directing the parties to take their belongings from the subject land as the encroachments in the subject land are going to be removed by 22.12.2025.

2. A perusal of the records shows that already a suit in O.S.No.36 of 2025 has been filed in respect of the subject property and the same is pending on the file of the District Munsif Court, Kadaladi. Since the petitioners are unable to get any interim orders in their favour in the pending suit, they have approached this Court by filing the present writ petitions. Since the dispute is civil in nature and requires pleadings and evidence, and since the facts must be proved by leading evidence, the same cannot be decided in writ proceedings under Article 226 of the Constitution of India. Therefore, these writ petitions are liable to be dismissed.

3. Accordingly, these writ petitions are dismissed. However, liberty is granted to the petitioners to work out their remedy in the manner known to law before the Civil Court in the pending suit. No costs. Consequently, connected miscellaneous petitions are closed. [P.V., J.] [M.J.R., J.] 26.12.2025 NCC Yes / No Index Yes / No Internet :

Yes / No krk To:

1.The District Collector, Office of the District Collector, Ramanathapuram District.

2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Paramakudi Taluk, Ramanathapuram District.

3.The Tahsildar, Kadaladi Taluka Office, Kadaladi Taluk, Ramanathapuram District.

P.VELMURUGAN, J.

AND M.JOTHIRAMAN, J.

krk W.P.(MD) Nos.36873, 36874, 36875, 36876, 36877, 36878, 36879 & 36880 of 2025 and W.M.P.(MD) Nos.29319, 29321, 29320, 29322, 29323, 29325, 29327, 29329, 29324, 29326, 29328, 29333, 29330, 29331, 29332 & 29334 of 26.12.2025