Disposed¶30

K.T.Velavan v. The District Collector

Madras HC20 May 2026WP/20006/2026

Case brief

AI extract

What is this about?

K.T.Velavan v. District Collector, Namakkal; WP.No.20006 of 2026; Madras High Court; writ petition disposed; Tamil Nadu Land Encroachments Act 1905 Sections 6 and 10; eviction order; appeal dismissed 08.05.2026; revisional remedy before Government; impugned order kept in abeyance; revision to be filed within two weeks; Article 226 certiorarified mandamus; Sarkar Venkarai Village, Paramathi Velur Taluk, Namakkal District; G.R. Swaminathan J.; V. Lakshminarayanan J.; advocates R. Nalliyappan and L.S.M. Hasan Fizal.

What did the court decide?

Writ petition disposed of with no costs; impugned order dated 08.05.2026 kept in abeyance till disposal of the revision petition, provided the revision petition is filed within two weeks as undertaken by counsel; original impugned order returned to petitioner's counsel; connected Miscellaneous Petitions closed.

K.T.Velavan Vs The District Collector — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

¶30

Issue for consideration

Whether the proceedings of the 1st respondent dated 08.05.2026 dismissing the petitioner's appeal should be quashed and the respondents forbidden from interfering with the petitioner's peaceful possession and enjoyment of the property in Survey No.741/C, Sarkar Venkarai Village.

¶14

Court's answer

Instead of deciding the writ petition on merits, the Court held that the petitioner can avail the revisional remedy before the Government against the dismissal of his appeal.

¶24

Ratio / Principle

As counsel stated the revision petition would be filed within two weeks, the Court directed that the impugned order shall be kept in abeyance till the disposal of the revision petition.

¶25

Key takeaways

The benefit of abeyance is conditional: it will not accrue to the petitioner if the revision petition is not filed within two weeks as undertaken before the Court.ratio¶25

Detailed headnote1 paragraphs

Madras High Court (G.R. Swaminathan and V. Lakshminarayanan JJ.; order by G.R. Swaminathan J.) disposed of a writ petition under Article 226 seeking certiorarified mandamus to quash proceedings of the District Collector, Namakkal dated 08.05.2026 in Na.Ka.27834/2025/L5 dismissing, under Section 10 of the Tamil Nadu Land Encroachments Act, 1905, the petitioner's appeal against an eviction order under Section 6 of that Act. Holding that the petitioner could avail the revisional remedy before the Government, the Court directed that the impugned order remain in abeyance till disposal of the revision petition, the benefit being conditional on filing the revision within two weeks as undertaken by counsel; the original impugned order was returned to petitioner's counsel. No costs; connected miscellaneous petitions closed.

¶1

WP.No.20006 of 2026

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20-05-2026

¶3

CORAM

¶4

THE HON'BLE MR JUSTICE G. R. SWAMINATHAN

¶5

AND

¶6

THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN

¶7

WP.No.20006 of 2026 and WMP.Nos.21387 & 21388 of 2026

¶8

K.T.Velavan ...Petitioner

¶9

Vs.

¶10

1.The District Collector District Collectorate Namakkal.

¶11

2.The Revenue Divisional Officer Revenue Divisional Office Tiruchengode, Namakkal District.

¶12

3.The Thasildar Tahsildar Office Paramathi Velur Namakkal District.

¶13

...Respondents

¶14

Prayer : Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the proceedings of the 1^st respondent dated 08.05.2026 in Na.Ka.27834/2025/L5 and quash the same and consequently forbear the respondents from interfering with the petitioner’s peaceful possession and enjoyment of the property situated in Survey No.741/C, Sarkar Venkarai Village, Paramathi Velur Taluk, Namakkal District.

¶15

__________ Page1 of 4

¶16

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

¶17

WP.No.20006 of 2026

¶18

For Petitioner(s): Mr.R.Nalliyappan

¶19

For Respondent(s):

¶20

Mr.L.S.M.Hasan Fizal Additional Government Pleader

¶21

ORDER

¶22

(Order of the Court was made by G.R.Swaminathan J.)

¶23

Heard both sides.

¶24

The petitioner suffered an eviction order under Section 6 of the Tamil Nadu Land Encroachments Act, 1905. Aggrieved by the same, he filed an appeal before the District Collector, Namakkal, under Section 10 of the Act. The appeal was dismissed on 08.05.2026. The petitioner can very well avail the revisional remedy before the Government.

¶25

The learned counsel for petitioner states that the revision petition will be filed within a period of two weeks from the date of receipt of a copy of this order. Hence, it is directed that the impugned order shall be kept in abeyance till the disposal of the revision petition. However, this benefit will not accrue to the petitioner if the revision petition is not filed within two weeks as undertaken before this Court. The original impugned order shall be returned to the learned

¶26

counsel for the petitioner.

¶27

__________ Page2 of 4

¶28

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

¶29

WP.No.20006 of 2026

¶30