Dismissed¶39

I.Syed Sulaiman v. The District Collector

Madras HC8 Jan 2026WP(MD)/339/2026

Case brief

AI extract

What is this about?

W.P.(MD)No.339 of 2026; Madras High Court Madurai Bench; Article 226; writ of mandamus refused; removal of wind mill from patta land; Survey No.449/1 Nainarragaram Village Tenkasi District; installation and removal of wind mill in private land is a private dispute; official respondents cannot interfere in private dispute; civil Court is the remedy; representation dated 18.12.2025 unacted upon; O.S.No.191 of 2018 title suit dismissed 28.08.2025; M/s. Fair Deal Supplies Private Limited; notice to 5th respondent dispensed with; dismissed with liberty; Krishnan Ramasamy J; 08.01.2026.

What did the court decide?

No relief granted; writ petition dismissed with liberty to the petitioner to approach the civil Court for eviction/removal of the wind mill; connected miscellaneous petition closed; no order as to costs. ¶39

I.Syed Sulaiman 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 a writ of mandamus should be issued directing respondents 1 to 4 to conduct an enquiry and pass an order on the petitioner's representation dated 18.12.2025 for removal of the 5th respondent's wind mill from the petitioner's patta land. +1 more

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Court's answer

The prayer in the writ petition cannot be granted; the right course available to the petitioner is only to approach the civil Court for eviction or for removal of the wind mill.

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Ratio / Principle

Any installation and removal of a wind mill situated in private land is a private dispute, which the official respondents cannot interfere with.

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Key takeaways

The writ petition is dismissed with liberty to the petitioner to approach the civil Court for his remedy, if he is so advised; the connected miscellaneous petition is closed.ratio¶39

Detailed headnote1 paragraphs

Mandamus refused - private land dispute. The petitioner, in possession of patta land in Survey No.449/1, Nainarragaram Village, Tenkasi District from the date of purchase, sought a direction to respondents 1 to 4 (District Collector, District Revenue Officer, Revenue Divisional Officer and Tahsildar) to act on his representation dated 18.12.2025 and remove a wind mill installed therein by the 5th respondent (M/s. Fair Deal Supplies Private Limited), whose title-declaration suit (O.S.No.191 of 2018) had been dismissed on 28.08.2025. The Court found force in the Addl. Government Pleader's stand and held that installation and removal of a wind mill in private land is a private dispute with which the official respondents cannot interfere; the petitioner's remedy lies before the civil Court for eviction or removal. Writ petition dismissed with liberty to approach the civil Court; connected W.M.P.(MD)No.340 of 2026 closed; no order as to costs. (KRISHNAN RAMASAMY, J., 08.01.2026)

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W.P.(MD) No.339 of 2026

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BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT

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DATED: 08.01.2026

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CORAM

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THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY

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W.P.(MD)No.339 of 2026 and W.M.P.(MD)No.340 of 2026

I.Syed Sulaiman

... Petitioner

The District Collector, Office of the Collectorate Building, Tenkasi District.

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The District Revenue Officer, Office of the Collectorate Building, Tenkasi District.

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The Revenue Divisional Officer, O/o. of the Revenue Divisional, Tenkasi District.

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The Tahsildar, Office of the Tahsildar, Kadayanallur Taluk, Tenkasi District.

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M/s. Fair Deal Supplies Private Limited, Having its Registered Office at Ahamadabad – 380009, Through its Power Agent Subbiah, S/o. Murugan, No.104, Sakthi Nagar, Tenkasi.

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... Respondents

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1/6

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

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W.P.(MD) No.339 of 2026

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Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the Respondent Nos.1 to 4 to conduct an enquiry and pass an order based on the Petitioner's representation dated 18.12.2025 so as to remove the Wind Mill of the 5^th respondent from petitioner's Patta Land in Survey No.449/1 at Nainarragaram Village, Tenkasi District within time frame as fixed by this Court.

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For Petitioner : Mr.D.S.Haroon Rasheed For Respondents : Mrs.K.Malathi, Addl. Govt. Pleader for R1 to R4

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O R D E R

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This Writ Petition is filed seeking a Mandamus as against

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the respondents 1 to 4 to conduct an enquiry and pass an order based on the Petitioner's representation dated 18.12.2025 so as to remove the Wind Mill of the 5^th respondent from petitioner's Patta Land in Survey No. 449/1 at Nainarragaram Village, Tenkasi District within time frame as fixed by this Court.

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2. By consent, this Writ Petition is taken up for final disposal

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at the admission stage itself. Since no adverse order is going to be passed against the 5^th respondent, notice to him is dispensed with.

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

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W.P.(MD) No.339 of 2026

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3 . The learned counsel appearing for the petitioner would

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submit that from the date of purchase, the petitioner is in possession of the subject property. While so, the 5^th respondent has erected a Wind Mill in the petitioner's patta land. The 5^th respondent has also filed a suit for declaration of title in respect of the subject property in O.S.No.191 of 2018 and the said suit came to be dismissed by order dated 28.08.2025. However, the Wind Mill has not been removed by the 5^th respondent. Therefore, the petitioner has made a representation on 18.12.2025 to the official respondents, seeking to remove the Wind Mill from his patta land. However, no steps have been taken by the respondents to remove the said Wind Mill from the petitioner's patta land. Hence, the petitioner has approached this Court.

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4. The learned Additional Government Pleader appearing for

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the respondents 1 to 4 would submit that the dispute between the petitioner and the 5^th respondent is a civil dispute and therefore, the official respondents cannot interfere with the said dispute. She further submits that they cannot enter into the private property and if the Wind Mill is situated in the Government property, they can take steps to remove the same. Therefore, the respondents cannot pass any order as prayed for by the petitioner.

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

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W.P.(MD) No.339 of 2026

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5. This Court finds force in the submissions made by the

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learned Additional Government Pleader appearing for the respondents 1 to 4.

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6. Considering the facts and circumstances of the case, this Court is of the view that any installation and removal of Wind Mill is a private dispute, in the private land. Hence, the official respondents cannot interfere with the said private dispute. Therefore, the prayer in the Writ Petition cannot be granted by this Court and the right course available to the petitioner is only to approach the civil Court for eviction or for removal of the Wind Mill.

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In view of the above observations, this Writ Petition is dismissed with liberty to the petitioner to approach the civil Court for his remedy, if he is so advised. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.

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08.01.2026

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Index : Yes/No Neutral Citation: Yes/No vsm

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

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W.P.(MD) No.339 of 2026

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