Disposed¶31

Malaisamy v. The District Collector

Madras HC7 Jan 2026WP(MD)/262/2026

Case brief

AI extract

What is this about?

Natham land; patta application pending; Tamil Nadu Land Encroachment Act 1905; Section 6 eviction notice quashed; Section 7 notice; objection/representation dated 15.12.2025; Tahsildar Usilampatti Taluk; Survey No.61/84; 0.00.90 Ares; Theppathupatti; Eravarpatti Village; Madurai District; writ of certiorari; Article 226; Madras High Court Madurai Bench; direction to consider representation on merits.

What did the court decide?

Impugned eviction notice dated 26.12.2025 quashed; Tahsildar, Usilampatti Taluk, directed to consider the petitioner's objection/representation dated 15.12.2025 seeking patta on merits and proceed in accordance with law; no costs; connected miscellaneous petition W.M.P.(MD) No.271 of 2026 closed. ¶31

Malaisamy Vs The District Collector — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the impugned notice dated 26.12.2025 issued under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 could be sustained when the petitioner's objection/representation dated 15.12.2025 seeking issuance of patta for the subject property was pending. +1 more

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Court's answer

The court took the view that the impugned notice under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 had been issued while the petitioner's objection/representation dated 15.12.2025 seeking issuance of patta in respect of the subject property was pending.

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Ratio / Principle

The impugned notice dated 26.12.2025 issued by the Tahsildar, Usilampatti Taluk, under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 is quashed, and the Tahsildar is directed to consider the petitioner's objection/representation dated 15.12.2025 seeking issuance of patta on merits and thereafter proceed further in accordance with law.

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Detailed headnote1 paragraphs

Writ petition under Article 226 (certiorari) by Malaisamy, in occupation since 2005 of natham land admeasuring 0.00.90 Ares in Survey No.61/84 at Theppathupatti, Eravarpatti Village, Usilampatti Taluk, Madurai District, where he has built a residential house with electricity connection and pays property tax, challenging an eviction notice dated 26.12.2025 issued by the Tahsildar, Usilampatti Taluk, under Section 6 of the Tamil Nadu Land Encroachment Act, 1905. The Court found that the petitioner's objection/representation dated 15.12.2025 seeking issuance of patta (given when a Section 7 notice had been issued) was still pending when the Section 6 notice was issued, and accordingly quashed the impugned notice, directing the Tahsildar to consider the representation on merits and proceed in accordance with law. Writ petition disposed of; no costs; connected W.M.P.(MD) No.271 of 2026 closed.

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W.P.(MD) No.262 of 2026

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 07.01.2026

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CORAM:

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THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN and THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN

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W.P.(MD) No.262 of 2026 and

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W.M.P.(MD) No.271 of 2026

Malaisamy

... Petitioner

-vs-

1.The District Collector Madurai District

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2.The Revenue Divisional Officer Usilampatti Sub-Division Madurai District

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3.The Tahsildar Usilampatti Taluk Madurai District

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4.The Revenue Inspector Theppathupatti Karumathur Firka Usilampatti Taluk Madurai District

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... Respondents

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PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorari to call for the entire records relating to the impugned eviction notice under Section 6 of Encroachment Act 1905 issued by the 3^rd

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Page 1 of 5

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

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W.P.(MD) No.262 of 2026

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respondent dated 26.12.2025 in respect of Survey No.61/84 to an extent of 0.00.90 Ares situated at Theppathupatti, Eravarpatti Village, Usilampatti Taluk, Madurai District, and to quash the same as illegal, arbitrary, without jurisdiction.

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For Petitioner : Mr.S.Prabhu

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For Respondents : Mr.S.R.A.Ramachandran Additional Government Pleader

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O R D E R [Order of the Court was made by DR.G.JAYACHANDRAN, J.]

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It is the case of the petitioner that he is in occupation of the subject land, which is a natham land, since 2005 and he has put up a residential house thereon and has obtained electricity service connection to the said house and he has also been regularly paying property tax. While so, the Tahsilar, Usilampatti Taluk, has issued the impugned notice dated 26.12.2025, under Section 6 of the Tamil Nadu Land Encroachment Act, 1905. Challenging the same, the petitioner has filed this writ petition.

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2. From the typed set of papers, we find that on 15.12.2025, the petitioner gave his objection / representation seeking for issuance of patta to the subject land, when the notice under Section 7 of the Tamil Nadu Land

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Page 2 of 5

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

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W.P.(MD) No.262 of 2026

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Encroachment Act, 1905, was issued. Therefore, we are of the view that when the objection / representation, dated 15.12.2025, for issuance of patta in respect of the subject property is pending, the impugned notice under Section 6 of the Tamil Nadu Land Encroachment Act, 1905, has been issued.

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3. In view of the above, the impugned notice dated 26.12.2025, issued by the Tahsildar, Usilampatti Taluk, under Section 6 of the Tamil Nadu Land Encroachment Act, 1905, is hereby quashed and the Tahsildar, Usilampatti Taluk, is directed to consider the petitioner's objection / representation dated 15.12.2025 seeking for issuance of patta on merits and thereafter, proceed further in accordance with law.

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4. With the above observation, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

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[G.J., J.] [K.K.R.K., J.]

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07.01.2026

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

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krk

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