Jayakrishnan v. The District Collector

ORDER (Order of the Court was made by C.V.Karthikeyan J.) The writ petition has been filed in the nature of a Certiorarified Mandamus seeking records relating to an order of the second respondent, Tahsildar, Satchiyapuram in Sivakasi Taluk at Virudhunagar District in Na.Ka.A1/3-8/2026 dated 01.08.2026 and quash the same.

2.In the affidavit filed in support of the writ petition, the petitioner claimed that the property in S.No.926/15 at Satchiyapuram in Sivakasi Taluk at Viruddhunagar District is Village Natham land. However, the documents produced show that it is Government Poromboke vacant land and in that place a brick and mortar house had been put up. The petitioner is also in possession of the land in S.No.926/18. Earlier on 17.02.2026, notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 had been issued to the petitioner. Thereafter, the impugned notice under Section 6 of the Act had been issued.

3.As against any order passed under Section 6 of the Act, there is a right of appeal to the District Collector under Section 10 of the Act. Further, under Section 10-B of the Act, the District Collector also has been given power to grant stay. Notice is dated 22.07.2026. The petitioner has 30 days time to file Page3 of 4 appeal before the District Collector. It would be only appropriate that the petitioner avails the appellate remedy. Since there is an efficacious alternate remedy, we are not inclined to entertain the writ petition. The petitioner can take up all the issues including the nature of the land and the character of the land and also the period of occupation by him before the District Collector. We place a request to the District Collector to pass appropriate orders in manner known to law, if an appeal is filed under Section 10 of the Act.

4.In view of all these facts, this writ petition stands disposed of. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs. (C.V.K.,J.) (R.S.V.,J.) 06-08-2026 Index: Yes Speaking ta To

¶1The District Collector Virudhunagar District.

¶2The Tahsildar Satchiyapuram, Sivakasi Taluk, Virudhunagar District. WP(MD)oNo.o22652oofo2026 C.V.KARTHIKEYAN,oJ. AND R.SAKTHIVEL,oJ. ta WP(MD)oNo.o22652oofo2026 06-08-2026 Page4oofo4

Page1 of 4 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06-08-2026 CORAM THE HON'BLE MR JUSTICE C.V. KARTHIKEYAN AND THE HON'BLE MR.JUSTICE R.SAKTHIVEL and W.M.P.(MD)No.16880 of 2026 Jayakrishnan ..Petitioner(s) Vs 1. The District Collector Virudhunagar District. 2. The Tahsildar Satchiyapuram, Sivakasi Taluk, Virudhunagar District. ..Respondent(s) Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Certiorarified Mandamus, calling for the records pursuant to the impugned order passed by 2nd Respondent herein in Na.Ka A1/3-8/2026 dated 01.08.2026 and quash the same and consequentially direct the 1st Respondent to consider the Petitioners patta application dated 28.04.2026 and pass orders on merits and in accordance with law. For Petitioner(s): Ms.A.Lakshmi for M/s.Polax Legal Solutions For Respondent(s): Mr.M.Kannan Additional Government Pleader Page2 of 4