Nallalu v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.01.2026 CORAM: THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN and THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN and W.M.P.(MD) NoS.1703 & 1704 of 2026 W.P.(MD) No.2145 of 2026: Nallalu

... Petitioner -vs-The Thasildar Taluk Office Manamadurai Taluk Sivagangai District ... Respondent PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorari to call for the records in pursuant to the impugned Eviction Notice issued by the respondent in his proceedings in Na.Ka. No.A4/3165/2023 dated 21.01.2026 and quash the same. For Petitioner : Mr.S.M.Mohan Gandhi For Respondent : Mr.J.Ashok Additional Government Pleader W.P.(MD) No.2146 of 2026: R.Anjala Devi

... Petitioner -vs-The Thasildar Taluk Office Manamadurai Taluk Sivagangai District ... Respondent PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorari to call for the records in pursuant to the impugned Eviction Notice issued by the respondent in his proceedings in Na.Ka. No.A4/3165/2023 dated 21.01.2026 and quash the same. For Petitioner : Mr.S.M.Mohan Gandhi For Respondent : Mr.J.Ashok Additional Government Pleader C O M M O N O R D E R [Order of the Court was made by DR.G.JAYACHANDRAN, J.] The eviction notices, dated 21.01.2026, issued by the respondent, are under challenge in these writ petitions.

¶2A perusal of the impugned notices shows that they have been issued pursuant to the directions issued by this Court. The petitioners have received the notice under Section 6 of the Tamil Nadu Land Encroachment Act, 1905, and challenging the same, the petitioners have also preferred an appeal before the District Collector, under Section 10 of the Tamil Nadu Land Encroachment Act, 1905, wherein the District Collector has positively considered the request of the petitioners to provide alternate house site to them and directed the Tahsildar to verify the documents produced by the petitioners and consider their request of providing alternate house site. Pursuant to the said direction of the District Collector, the Tahsildar has also identified the alternate house site for the petitioners. In such circumstances, we are not inclined to interfere with the impugned notice issued by the respondent, since certain developments have occurred subsequent to the filing of the appeal by the petitioners before the District Collector under Section 10 of the Tamil Nadu Land Encroachment Act, 1905.

¶3Accordingly, these writ petitions are dismissed. It is advisable to the petitioners herein to produce the required documents sought by the Tahsildar and accept the alternate house site and legitimize their possession of the house site proposed to be allotted to them. No costs. Consequently, connected miscellaneous petitions are closed.

[G.J., J.] [K.K.R.K., J.]

28.01.2026 NCC : Index : Internet :

krk To: The Thasildar, Taluk Office, Manamadurai Taluk, Sivagangai District. DR.G.JAYACHANDRAN,-J. AND K.K.RAMAKRISHNAN,-J. krk W.P.(MD)-Nos.2145-&-2146-of-2026 and W.M.P.(MD)-NoS.1703-&-1704-of-2026

28.01.2026