Jesu Rajesh Peter Vs The District Collector — Writ and Judicial Review | Madras HC (2025)

Jesu Rajesh Peter Vs The District Collector — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Writ Petition and connected Miscellaneous Petitions dismissed as withdrawn, with liberty to file a revision under Section 10-A and a stay petition under Section 10-B of the Tamil Nadu Land Encroachment Act, 1905 within two weeks; any stay application to be disposed of within eight weeks of institution, in accordance with law and after hearing the petitioner; no costs.

Issue for consideration

Whether the impugned order dated 11.08.2025 of the first respondent (District Collector, Thoothukudi) ought to be quashed and the respondents restrained from interfering with the petitioner's peaceful possession and enjoyment (raised in the prayer; not adjudicated, as the petition was withdrawn).

Ratio / Principle

In light of the endorsement made by learned counsel for the petitioner, the Writ Petition and the connected Miscellaneous Petitions are dismissed as withdrawn.

Key takeaways

Liberty is granted to the petitioner to file a revision under Section 10-A and a stay petition under Section 10-B of the Tamil Nadu Land Encroachment Act, 1905 within a period of two weeks from the date of the order.ratio¶24
If any stay application is filed, the same shall be disposed of within a period of eight weeks from the date of institution thereof, in accordance with law and after hearing the petitioner.ratio¶24

Detailed headnote1 paragraphs

Division Bench of the Madurai Bench, Madras High Court (Dr. Anita Sumanth, J., authoring the order, with C. Kumarappan, J.) dealt with a writ petition under Article 226 seeking a Writ of Certiorarified Mandamus to quash an order dated 11.08.2025 of the District Collector, Thoothukudi (Na.Ka.No.T4/3454658/2025) and to restrain the respondents from interfering with the petitioner's peaceful possession and enjoyment. Learned counsel for the petitioner sought permission to withdraw the petition with liberty to pursue statutory remedies and made an endorsement to that effect. The Court dismissed the writ petition and connected miscellaneous petitions as withdrawn, granted liberty to file a revision under Section 10-A and a stay petition under Section 10-B of the Tamil Nadu Land Encroachment Act, 1905 within two weeks, and directed that any stay application so filed be disposed of within eight weeks of its institution, in accordance with law and after hearing the petitioner. No costs.

W.P.(MD)No.24760 of 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 11.09.2025

CORAM:

THE HONOURABLE DR.JUSTICE ANITA SUMANTH AND

THE HONOURABLE MR.JUSTICE C.KUMARAPPAN

W.P.(MD)No.24760 of 2025 and W.M.P.(MD)Nos.19458 and 19460 of 2025

Jesu Rajesh Peter

... Petitioner

/Vs./

1.The District Collector, Office of the District Collector, Thoothukudi District.

2.The Tahsildar, Office of the Tahsildar, Thoothukudi District.

... Respondents

PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order issued by the first respondent in his proceedings in Na.Ka.No.T4/3454658/2025 dated 11.08.2025 and to

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W.P.(MD)No.24760 of 2025

quash the same and consequently directing the respondents, their men and agents not to interfere with the peaceful possession and enjoyment of the petitioner.

For Petitioner : Ms.P.Jessi Jeeva Priya For Respondents : Mr.M.Sarangan Additional Government Pleader

ORDER

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

Learned counsel for the petitioner seeks permission to

withdraw this Writ Petition with liberty to file a revision and stay application. He has also made an endorsement to this effect.

In light of the endorsement made, this Writ Petition and the connected Miscellaneous Petitions are dismissed as withdrawn. Liberty is granted to the petitioner to file a revision under Section 10-A as well as stay petition under Section 10-B of the Tamil Nadu Land Encroachment Act, 1905 within a period of two (2) weeks from today. It is made clear that if any stay application is filed, the same shall be disposed within a period of eight (8) weeks from the date of institution thereof, in

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accordance with law and after hearing the petitioner. No costs.

[A.S.M.J.,] & [C.K.J.,] 11.09.2025

NCC :Yes/No Index :Yes/No Internet :Yes sl

To

1.The District Collector, Office of the District Collector, Thoothukudi District.

2.The Tahsildar, Office of the Tahsildar, Thoothukudi District.

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W.P.(MD)No.24760 of 2025

DR.ANITA SUMANTH, J. AND C.KUMARAPPAN, J.

sl

W.P(MD)No.24760 of 2025 and W.M.P.(MD)Nos.19458 and 19460 of 2025

11.09.2025

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