Mangachi Vs The Assistant Engineer — Writ and Judicial Review | Madras HC (2025)

Mangachi Vs The Assistant Engineer — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of, no costs, connected miscellaneous petition closed. Liberty effectively granted to the petitioners to move the appellate authority under Section 10 of the Land Encroachment Act within six weeks; such appeal to be entertained without reference to limitation and decided on merits within three months, with the impugned order on hold until disposal; on failure to appeal in time, deemed dismissal of the writ petition at the admission stage. Merits left open.

Issue for consideration

Whether the impugned order dated 30.07.2025 in Na.Ka.No.A5/6978/2024 passed by the second respondent under Section 6 of the Land Encroachment Act is liable to be quashed insofar as the petitioners are concerned. +1 more

Court's answer

The Court declined to go into the controversy regarding the date of service of the impugned order, taking note that the order impugned in the writ petition is appealable.

Ratio / Principle

If the petitioners file an appeal under Section 10 of the Land Encroachment Act within six weeks from the date of receipt of a copy of this order, the appellate authority shall entertain the appeal without reference to limitation and dispose of it on merits and in accordance with law within three months.

Key takeaways

Until disposal of such appeal, the impugned order shall remain on hold and the rights of the petitioners will abide by the outcome of the appeal.ratio¶24
If the petitioners fail to file the appeal within the stipulated time limit, the benefits of this order will not be available and the writ petition will be deemed to have been dismissed at the admission stage itself.ratio¶29
The Court expressly clarified that it had not gone into the merits of the matter and that all the petitioners' contentions are left open.ratio

Detailed headnote1 paragraphs

Land Encroachment Act - Order of Tahsildar under Section 6 dated 30.07.2025 (Na.Ka.No.A5/6978/2024) challenged in writ petition - Court declines to examine dispute over delayed service (order allegedly served only on 04.12.2025) - Impugned order held appealable - Petitioners granted six weeks to file appeal under Section 10 of the Act; appeal to be entertained without reference to limitation and disposed of on merits within three months - Impunged order on hold till disposal of appeal - On default, writ petition deemed dismissed at admission stage - Merits not gone into; all contentions left open - Writ petition disposed of, no costs.

W.P.(MD)No.35800 of 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 11.12.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI

W.P(MD)No.35800 of 2025 and W.M.P.(MD)No.28425 of 2025

1.Mangachi

2.Sumathi

... Petitioners

Vs.

1.The Assistant Engineer, Water Resources Department, Gundar Water Basin Division-II, Mudhukulathur, Ramanathapuram District.

2.The Tahsildar, Mudhukulathur Taluk, Ramanathapuram District. ... Respondents

Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorari, to call for the records relating to the impugned order in Na.Ka.No.A5/6978/2024, dated 30.07.2025 passed by the second respondent and quash the same insofar as the petitioners are concerned.

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W.P.(MD)No.35800 of 2025

For Petitioners :Mr.T.Antony Arulraj For Respondents :Mr.M.Siddharthan Additional Government Pleader

ORDER

Heard both sides.

The petitioner challenges the impugned order passed under Section

6 of the Land Encroachment Act. The order is dated 30.07.2025. The

petitioner's counsel states that it was served only on 04.12.2025.

We do not want to go into that controversy. The order impugned in

the writ petition is appealable. The petitioners' counsel states that within six weeks from the date of receipt of a copy of this order, he will move the appellate authority under Section 10 of the Act. If such an appeal is filed, it shall be entertained without reference to limitation and disposed of on merits and in accordance with law within a period of three months. Till the disposal of the appeal, the order impugned in the writ petition shall be put on hold. In other words, the right of the petitioners will abide by the outcome of the appeal. We make it clear that if the writ petitioners fail to file such an appeal within the

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W.P.(MD)No.35800 of 2025

time limit mentioned above, the benefits of this order will not be available and

the writ petition will be deemed to have been dismissed at the admission stage itself. We make it clear that we have not gone into the merits of the matter. All the petitioners' contentions are left open.

The writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

[G.R.S., J.] [B.P., J.] 11.12.2025

NCC : Yes / No Internet : Yes / No Index : Yes / No rmi

NOTE:Issue Order Copy on 12.05.2025

To

1.The Assistant Engineer, Water Resources Department, Gundar Water Basin Division-II, Mudhukulathur, Ramanathapuram District.

2.The Tahsildar, Mudhukulathur Taluk, Ramanathapuram District.

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W.P.(MD)No.35800 of 2025

G.R.SWAMINATHAN, J

and

B.PUGALENDHI, J.

rmi

W.P(MD)No.35800 of 2025

11.12.2025

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