Vadivukarasi Vs The Commissioner — Writ and Judicial Review | Madras HC (2026)

Vadivukarasi Vs The Commissioner — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

Direction to the 1st respondent to dispose of the petitioner's revision on its own merits and in accordance with law within three months from receipt of a copy of the order; writ petition disposed of with the above direction, no costs awarded, and connected miscellaneous petition closed; no interim restraint on coercive steps granted by this Court.

Issue for consideration

Whether the writ petition challenging the dismissal of the petitioner's appeal against the order removing encroachment should be further pursued, in view of the revision subsequently filed by the petitioner before the 1st respondent. +2 more

Court's answer

With the above direction, the writ petition is disposed of; no costs; the connected miscellaneous petition is closed.

Ratio / Principle

Since the petitioner has already availed the revisional jurisdiction before the 1st respondent, it is for the petitioner to approach the revisional authority for any interim order; the Court does not itself restrain coercive steps pending the revision.

Key takeaways

The 1st respondent (Commissioner, Land Administration Department) is directed to dispose of the revision filed by the petitioner on its own merits and in accordance with law, within three months from the date of receipt of a copy of the order.ratio¶34

Detailed headnote1 paragraphs

Madras High Court (Madurai Bench), 24.04.2026 (N. Sathish Kumar, J. for the Bench with M. Jothiraman, J.), disposed of W.P(MD)No.11943 of 2026 filed by Vadivukarasi under Article 226 seeking certiorarified mandamus to quash the 3rd respondent's Memo No.578/2026/EvaAa-1 dated 27.03.2026, described as challenging the dismissal of her appeal under Sections 11 and 12(B) of the Tamil Nadu Survey and Boundaries Act, 1923 against an order removing encroachment founded on a survey report of the 9th respondent. When the matter was taken up, counsel for the petitioner stated that a revision had since been filed before the 1st respondent (Commissioner, Land Administration Department) and sought disposal of the revision together with restraint on coercive steps. The Court held that, having already availed the revisional jurisdiction, the petitioner must approach the revisional authority for any interim order, and declined to itself restrain coercive steps. The 1st respondent was directed to dispose of the revision on its own merits and in accordance with law within three months from receipt of a copy of the order. Writ petition disposed of with the above direction; no costs; connected miscellaneous petition closed.

W.P(MD)No.11943 of 2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

Dated : 24.04.2026

CORAM

THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR and THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN

W.P(MD)No.11943 of 2026 and WMP(MD)No.9064 of 2026

Vadivukarasi

... Petitioner

Vs.

The Commissioner, Land Administration Department, 2^nd floor, Ezhilagam, Chepauk, Chennai.

The District Collector / Monitoring Committee, Pudukkottai, Pudukkottai District.

The Divisional Engineer, Highways Construction and Maintenance Office, Pudukkottai, Pudukkottai District.

The Assistant Divisional Engineer, Highways Construction and Maintenance Office, Pudukkottai, Pudukkottai District.

The District Revenue Officer, Pudukkottai, Pudukkottai District.

The Assistant Director of Survey and Land record, District Collectorate Complex, Pudukkottai District.

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W.P(MD)No.11943 of 2026

7. The Tahsildar, Office of Tahsildar, Pudukkottai, Pudukkottai District.

The Commissioner, Pudukkottai Municipality, Pudukkottai, Pudukkottai District.

The Town Survey Inspector, Pudukottai, Pudukkottai District.

Venkatesan

... Respondents

PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records of the 3^rd respondent's Impugned Memo No.578/2026/EvaAa-1 dated 27.03.2026 and quash the same as devoid of merits, consequentially directing the 6^th respondent to hear the appeal filed by the petitioner on petitioner 26.03.2026 under Section 11 and 12(B) of the Tamil Nadu Survey and Boundaries Act, 1923 challenging the Survey Report of the 9^th respondent dated Nil communicated by the 8^th respondent to the 4^th respondent dated 15.03.2025.

For Petitioner : Mr.A.Haja Mohideen For R1 to R7 : Mr.J.Ashok Additional Government Pleader For R10 : Mr.K.Jeyamohan

ORDER

(Judgment of the Court was made by N.SATHISH KUMAR, J.)

Though the petitioner has filed this writ petition challenging the

dismissal of the appeal filed against the order removing the encroachment,

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W.P(MD)No.11943 of 2026

today when the matter was taken up for hearing, learned counsel for the petitioner submitted that now the petitioner has filed revision before the 1^st respondent and therefore, seeks a direction to dispose of the revision and till such time, no coercive steps to be taken.

We are of the view that as the petitioner has already availed revisional jurisdiction, it is for the petitioner to approach the revisional authority seeking any interim order in this matter. The 1^st respondent is directed to dispose of the revision filed by the petitioner on its own merits and in accordance with law, within a period of three months from the date of receipt of a copy of this order.

With the above direction, the Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.

[N.S.K., J.] & [M.J.R., J.] 24.04.2026

Index : Yes / No Neutral Citation : Yes / No bala

To

The Commissioner, Land Administration Department, 2^nd floor, Ezhilagam,

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W.P(MD)No.11943 of 2026

Chepauk, Chennai.

The District Collector / Monitoring Committee, Pudukkottai, Pudukkottai District.

The Divisional Engineer, Highways Construction and Maintenance Office, Pudukkottai, Pudukkottai District.

The Assistant Divisional Engineer, Highways Construction and Maintenance Office, Pudukkottai, Pudukkottai District.

The District Revenue Officer, Pudukkottai, Pudukkottai District.

The Assistant Director of Survey and Land record, District Collectorate Complex, Pudukkottai District.

The Tahsildar, Office of Tahsildar, Pudukkottai, Pudukkottai District.

The Commissioner, Pudukkottai Municipality, Pudukkottai, Pudukkottai District.

The Town Survey Inspector, Pudukottai, Pudukkottai District.

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W.P(MD)No.11943 of 2026

N.SATHISH KUMAR, J. AND M.JOTHIRAMAN, J.

bala

ORDER MADE IN W.P(MD)No.11943 of 2026 DATED : 24.04.2026

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