Dismissed¶¶29

Uthayasuriyan v. The District Collector

Madras HC13 Feb 2026WP(MD)/4126/2026

Case brief

AI extract

What is this about?

Madras High Court Madurai Bench; W.P.(MD) No.4126 of 2026; Uthayasuriyan v. District Collector, Madurai District and others; Tamil Nadu Land Encroachment Act 1905 - Section 6 eviction notice, Section 7 notice objection, patta request; natham land; Government land unauthorised occupation; alternative/appellate remedy; Article 226 certiorari refused; writ dismissed without costs; connected W.M.P.(MD) Nos.3437 & 3440 of 2026 closed; decided 13.02.2026.

What did the court decide?

The writ petition is not entertained because the petitioner, if aggrieved by the impugned notice, has an appellate remedy available under the Tamil Nadu Land Encroachment Act, 1905. ¶¶28

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

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W.P.(MD) No.4126 of 2026

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 13.02.2026

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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.4126 of 2026 and

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W.M.P.(MD) Nos.3437 & 3440 of 2026

Uthayasuriyan

... 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 ... Respondents

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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.4126 of 2026

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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 respondent dated 26.12.2025 in respect of Survey No.61/84 to an extend of 0.00.30 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

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[Order of the Court was made by DR.G.JAYACHANDRAN, J.]

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This writ petition is filed by the petitioner challenging the notice, dated 26.12.2025, issued by the third respondent under Section 6 of the Tamil Nadu Land Encroachment Act, 1905, stating that his objection to the Section 7 notice and request for issuance of patta have not been considered before issuing the impugned Section 6 notice.

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2. On perusal of the records, we are not inclined to entertain this writ petition, on the ground under which the impugned notice is challenged by

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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.4126 of 2026

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the petitioner. If at all the petitioner is aggrieved by the impugned notice, there is an appellate remedy available to him under the Tamil Nadu Land Encroachment Act, 1905, to resort to the appeal remedy. Admittedly, the petitioner is in occupation of a natham land and the authorities concerned have taken steps as per law to evict him from the Government land for his unauthorized occupation. It is open to the petitioner to seek appropriate remedy before the authority concerned in accordance with law, which is contemplated under the Tamil Nadu Land Encroachment Act, 1905. Interference of this Court by exercising the power under Article 226 of the Constitution of India in this matter is unwarranted.

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3. With the above observation, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed.

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[G.J., J.] [K.K.R.K., J.] 13.02.2026

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

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krk

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_____________ Page 3 of 5_

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