Jothi v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.08.2026 CORAM: THE HONOURABLE MR.JUSTICE M.DHANDAPANI and THE HONOURABLE MR.JUSTICE N.DILIP KUMAR and W.M.P(MD)Nos.17608 & 17621 of 2026

1.W.P(MD)No.23648 of 2026: Jothi

... Petitioner vs.

1.The District Collector, Madurai District, Madurai.

2.The District Revenue Officer, Madurai District, Madurai.

3.The Revenue Divisional Officer, Usilampatti Revenue Division,

4.The Tahsildar, Usilampatti Taluk,

5.V.Karuppaiah

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari calling for the records relating to the impugned Notice in Na.Ka.No.075/2025/Aa1 (in respect of Survey No. 377/32) dated 06.08.2026 issued by the fourth respondent quash the same as illegal.

2.W.P(MD)No.23649 of 2026: Jothi

... Petitioner vs.

1.The District Collector, Madurai District, Madurai.

2.The District Revenue Officer, Madurai District, Madurai.

3.The Revenue Divisional Officer, Usilampatti Revenue Division,

4.The Tahsildar, Usilampatti Taluk,

5.V.Karuppaiah

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari calling for the records relating to the impugned Notice in Na.Ka.No.075/2025/Aa1 (in respect of Survey No. 377/31) dated 06.08.2026 issued by the fourth respondent quash the same as illegal. In both W.Ps': For Petitioner : Mr.M.Suresh For Respondents : Mr.G.Mohan Kumar Additional Public Prosecutor COMMON ORDER (Order of the Court was made by M.DHANDAPANI, J.) Since the issue involved in these Writ Petitions arises out of the same set of proceedings and the parties are common, these Writ Petitions are taken up together and disposed of by this common order.

2.These Writ Petitions have been filed seeking issuance of a Writ of Certiorari, calling for the records relating to the impugned notice in Na.Ka.No.075/2025/Aa1, dated 06.08.2026, issued by the fourth respondent in respect of Survey Nos.377/32 and 377/31, respectively, and quashing the same as illegal.

3.The learned counsel appearing for the petitioner would submit that the petitioner is the owner of the properties comprised in Survey No. 377/32, measuring an extent of 0.00.25 sq.mts., and Survey No.377/31, measuring an extent of 0.04.86 sq.mts., which are classified as "Ayan Natham", and that she has constructed a small portion of a house thereon. However, the official respondents have arrived at a conclusion that the petitioner is in occupation of Government poramboke land and, accordingly, issued an eviction notice under Section 6 of the Tamil Nadu Land Encroachment Act, 1905. Challenging the same, the present Writ Petitions have been filed.

4.The learned counsel appearing for the petitioner would further submit that this Court may permit the petitioner to approach the competent Civil Court seeking a declaration that the petitioner is the owner of the properties in question and, till such time, restrain the authorities concerned from taking any coercive steps against the petitioner.

5.The learned Additional Government Pleader appearing for the respondents 1 to 4, on instructions, would submit that the respondents 1 to 4 have no objection to the disposal of the Writ Petitions in terms of the prayer sought for by the petitioner.

6.In view of the above submissions, these Writ Petitions are disposed of with liberty to the petitioner to approach the competent Civil Court seeking appropriate relief with regard to her title over the properties in question. The petitioner shall approach the competent Civil Court within a period of four weeks from the date of receipt of a copy of this order.

7.Till the expiry of the said period of four weeks, the respondents shall not take any coercive steps against the petitioner pursuant to the impugned notice. It is made clear that this Court has not expressed any opinion on the merits of the rival claims, and it is for the competent Civil Court to decide the same independently and in accordance with law. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed. [M.D.I.,J.] & [N.D.K.,J.]

14.08.2026 NCC : Yes / No Index : Yes / No ps To

1.The District Collector, Madurai District, Madurai.

2.The District Revenue Officer, Madurai District, Madurai.

3.The Revenue Divisional Officer, Usilampatti Revenue Division,

4.The Tahsildar, Usilampatti Taluk, W.P(MD)Nos.23648e&e23649eofe2026 oM.DHANDAPANIoo,oJo. and N.DILIPoKUMAR,oJ. ps W.P(MD)Nos.23648o&o23649oofo2026

14.08.2026