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S.Muthiah v. The District Collector

Madras HC7 Nov 2025WP(MD)/23655/2025

Case brief

AI extract

What is this about?

S. Muthiah v. District Collector Tirunelveli; W.P.(MD)No.23655 of 2025 and W.M.P(MD)No.18566 of 2025; Madurai Bench of Madras High Court; 07.11.2025; coram Dr. Justice Anita Sumanth and C. Kumarappan; writ of mandamus; Article 226 Constitution of India; Section 10 Tamil Nadu Land Encroachment Act 1905; pending appeal dated 05.10.2024; Survey No.168 Kuruchikulam Village Manur Taluk Tirunelveli; patta issuance; disposal of revenue appeal within four weeks; writ petition closed as mandamus achieved; no costs.

What did the court decide?

Writ petition closed, mandamus treated as achieved upon recording the Government's undertaking to dispose the pending Section 10 appeal on merits within four weeks; no costs; connected miscellaneous petition closed. ¶33

S.Muthiah Vs The District Collector — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the respondents should be directed by writ of mandamus to consider and dispose of the petitioner's pending appeal dated 05.10.2024 under Section 10 of the Tamil Nadu Land Encroachment Act, 1905 relating to Survey No.168, Kuruchikulam Village, Manur Taluk, Tirunelveli District, and to issue patta in the petitioner's favour as recommended by the concerned authorities.

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Court's answer

The Court recorded the Additional Government Pleader's written instructions that the enquiry in the appeal was posted on 07.11.2025 and that the appeal would be disposed in accordance with law and on merits within four weeks.

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Ratio / Principle

As the mandamus sought stood achieved by the recorded undertaking, this Court closed the writ petition with no costs and also closed the connected miscellaneous petition.

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Detailed headnote1 paragraphs

Madras High Court (Madurai Bench); W.P.(MD)No.23655 of 2025; S.Muthiah v. District Collector, Tirunelveli and others; decided 07.11.2025 by Dr. Justice Anita Sumanth and C. Kumarappan JJ. (order by Dr. Justice Anita Sumanth). Writ of mandamus under Article 226 of the Constitution of India sought direction to respondents 1 to 4 to dispose of the petitioner's appeal dated 05.10.2024 under Section 10 of the Tamil Nadu Land Encroachment Act, 1905 concerning Survey No.168, Kuruchikulam Village, Manur Taluk, Tirunelveli District, and to issue patta as recommended, restraining disturbance of possession. On notice, the learned Additional Government Pleader reported that the appeal enquiry was posted on 07.11.2025 and would be disposed in accordance with law and on merits within four weeks. Recording the statement and holding the mandamus sought achieved, the Court closed the writ petition with no costs and closed the connected miscellaneous petition. No precedent engaged.

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W.P.(MD)No.23655 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 07.11.2025

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CORAM:

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THE HONOURABLE DR.JUSTICE ANITA SUMANTH AND

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THE HONOURABLE MR.JUSTICE C.KUMARAPPAN

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W.P.(MD)No.23655 of 2025 and

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W.M.P(MD)No.18566 of 2025

S.Muthiah

... Petitioner

Vs.

1.The District Collector, Tirunelveli District, Tirunelveli.

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2.The District Revenue Officer, Tirunelveli District, Tirunelveli.

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3.The Revenue Divisional Officer, Tirunelveli.

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4.The Tahsildar, Manur Taluk, Tirunelveli District.

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... Respondents

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PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents 1 to 4

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1/5

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.23655 of 2025

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consider and dispose of the pending appeal dated 05.10.2024 filed by the petitioner under Section 10 of the Tamil Nadu Land Encroachment Act, 1905 with respect to the land in Survey No.168, Kuruchikulam Village, Manur Taluk, Tirunelveli District and to issue a patta in the petitioner's favour as recommended by the concerned authorities, within a reasonable time frame and refrain from disturbing the petitioner's possession, including any demolition of structures, pending the final disposal of the writ petition and appeal.

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For Petitioner : Mr.W.Cleetus

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For Respondents : Mr.D.Sadiq Raja Additional Government Pleader

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ORDER

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(Order of the Court was made by DR.ANITA SUMANTH, J.)

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The petitioner seeks a Mandamus directing the respondents to dispose pending appeal instituted by the petitioner on 05.10.2024 under Section 10 of the Tamil Nadu Land Encroachment Act, 1905.

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2.The subject matter of the appeal pertains to a land Survey No.168, Kuruchikulam Village, Manur Taluk, Tirunelveli District, wherein the petitioner seeks issuance of patta in respect of the aforesaid property.

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.23655 of 2025

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3.Mr.D.Sadiq Raja, learned Additional Government Pleader,

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who accepts notice for the respondents, has written instructions to the effect that in fact the enquiry in the appeal is posted today (07.11.2025) and that the appeal will be disposed in accordance with law and on merits, within a period of four weeks from today.

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4.Recording the same and as the mandamus sought stands achieved by virtue of this order, this Writ Petition is closed. No costs. Consequently, connected Miscellaneous Petition is closed.

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[A.S.M.J.,] & [C.K.J.,] 07.11.2025

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NCC :Yes/No Index :Yes/No Internet :Yes ps

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.23655 of 2025

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