Rajeswari v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.07.2026 CORAM THE HON'BLE MR JUSTICE C.V.KARTHIKEYAN AND THE HON'BLE MR JUSTICE R.SAKTHIVEL WP(MD) Nos.19743 of 2026 and 766 of 2026 WMP(MD) No.14589 of 2026 WP(MD) No.19743/2026 Rajeswari W/o.Shanmugam, Thenkarai Village, Athigaram Post, Natchiyapuram Via, Thiruppathur Taluk, ... Petitioner – Vs. - –

¶1The Tahsildar Thiruppathur Taluk,

¶2The Zonal Deputy Tahsildar Thiruppathur Taluk,

¶3M.K.Abdul Salam S/o.S.Mohammed Kasim, Thenkarai Village, Athigaram Post, Thiruppathur Taluk, ... Respondents Prayer in WP(MD). 19743/ 2026 :Writ Petition is filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Certiorari call for the records of the impugned order dated 29.06.2026 passed under section 6 of Tamil Nadu Land Encroachment Act, 1905 on the file of the 1st respondent and quash the same. For Petitioner : Mr.Vinoharan For Respondents : Mr.M.P.Senthil for R1 and R2 Counsel for State WP(MD) No.766 of 2026 M.K.Abdul Salam S/o. Mohamed Kasim, Tenkarai, Athikaram Post, Sivagangai District-630207. ... Petitioner(s) in WP(MD). 766/ 2026 -Vs. -

¶1The District Collector/ Monitoring Committee, Sivagangai District, Sivagangai.

¶2The District Revenue Officer Sivagangai,

¶3The Revenue Divisional Officer, Devakottai,

¶4The Tahsildar Thirupathur,

¶5M.Sivagnanam S/o. Manickam, T.T.Nagar, Church 5 Th Street, Karaikudi, Karaikudi Taluk,

¶6C.Padiyan S/o.Chinnaiah, Tenkarai, Athikaram Post,

¶7S.Thiyagarajan S/o.Saminathan, Tenkarai, Athikaram Post,

¶8Kr.Mathivanan S/o.Karuppaiah, Tenkarai, Athikaram Post,

¶9Vadivelu S/o.Chinnaiah, Tenkarai, Athikaram Post,

¶10Azhagendra Boopathy S/o.Kr.Shanmugam, Tenkarai, Athikaram Post,

¶11K.Pandi S/o.Kuppu, Tenkarai, Athikaram Post,

¶12Kr.Asaithambi S/o.Karuppaiah, Tenkarai, Athikaram Post,

¶13M.Shanmugam S/o.Muthiah, Tenkarai, Athikaram Post,

¶14M.Rajeshwari W/o.Manoharan, Tenkarai, Athikaram Post,

¶15Kr.Shanmugam S/o.Karuppaiah, Tenkarai, Athikaram Post,

¶16N.Pushpam W/o.Nagalingam, Tenkarai, Athikaram Post,

¶17S.Sami S/o.Seenivasan, Tenkarai, Athikaram Post,

¶18S.Tamilmaran S/o.Somaiah, Tenkarai, Athikaram Post,

¶19Mathivanan S/o.Karuppaiah, Tenkarai, Athikaram Post, ... Respondent(s) in WP(MD). 766/ 2026 Prayer in WP(MD). 766/ 2026 :Writ Petition is filed under Article 226 of the Constitution of India, praying this Court Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of MANDAMUS to direct the Respondents 1 to 4 to remove the encroachment made by the Respondents 6 to 19 in the property comprised in Survey No. 220/1 situated at Tenkarai Village, Thirupathur Taluk, Sivagangai District, within the stipulated time fixed by this Court. For Petitioner : Mr.M.Mohammed Zamil for M/s.Ajmal Associates For Respondents : Mr.M.P.Senthil for R1 to R4 Counsel for State COMMON ORDER (Order of the Court was made by C.V.KARTHIKEYAN, J.) Both these writ petitions relating to a very same property in S.No. 220/1 at Thenkarai Village, Tirupathur Taluk, Sivagangai District.

¶2WP (MD) No.766 of 2026 had been filed in the nature of mandamus seeking direction against the respondents to remove the encroachment put up allegedly by the respondents 6 to 19 in the said property.

¶3WP (MD) No.19743 of 2026 had been filed seeking to interfere with the order passed under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 dated 29.06.2026.

¶4When WP(MD) No.19743 of 2026 came up for consideration before this Court on 10.07.2026, primary focus was the allegation raised that even without giving proper opportunity to file an appeal before the District Collector as envisaged under Section 10 of the said Act, the electricity connection of the writ petitioner had been severed. We had directed restoration of the electricity connection. It is informed that the electricity service connection had now been restored. It is also informed that the petitioner has filed an appeal before the District collector under Section 10 of the said Act. Even in the order dated 10.07.2026, we had extracted Section 10-B, which provides for stay to be granted by the District Collector on appreciation of facts. There cannot be two separate authorities examining the same issue of granting stay. It is the prerogative of the District Collector, to address all issues raised in the appeal.

¶5Recording as above and with a direction that the appeal should be disposed of within a period of four weeks from the date of receipt of a copy of this order, both the writ petitions stand disposed of. No costs. Consequently connected Miscellaneous Petition is closed.

(C.V.K.,J.) (R.S.V,J.)

21.07.2026 RR To

¶1The District Collector/ Monitoring Committee, Sivagangai District, Sivagangai.

¶2The District Revenue Officer Sivagangai,

¶3The Revenue Divisional Officer, Devakottai,

¶4The Tahsildar Thirupathur,

¶5The Zonal Deputy Tahsildar Thiruppathur Taluk, C.V.KARTHIKEYAN, J AND

R.SAKTHIVEL, J. RR WP(MD) Nos.19743 of 2026 and 766 of 2026

27.07.2026