Citation : 2026 Latest Caselaw 434 Mad
Judgement Date : 17 February, 2026
W.P.(MD) No. 4412 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 17.02.2026
CORAM:
THE HONOURABLE DR.JUSTICE G. JAYACHANDRAN
AND
THE HONOURABLE MR.JUSTICE K.K. RAMAKRISHNAN
W.P.(MD) No. 4412 of 2026
and
W.M.P.(MD) No.3729 of 2026
Natchiappan ... Petitioner
Vs
1. The District Collector,
Collectorate Campus,
Theni,
Theni District.
2. The Tahsildar,
Taluk Office,
Andipatti Taluk,
Theni District.
3. The Assistant Engineer,
TANGEDCO,
Mayiladumparai,
Andipatti Taluk,
Theni District.
4. The Block Development Officer,
Mayiladumparai,
Andipatti Taluk,
1/5
https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/02/2026 05:41:13 pm )
W.P.(MD) No. 4412 of 2026
Theni District.
5. The Firka Surveyor,
Mayiladumparai,
Andipatti Taluk,
Theni District. ... Respondents
PRAYER:- Writ Petition filed under Article 226 of the Constitution of
India, to issue a Writ of Mandamus, to direct the respondents 1, 2 and 5
not to disturb the peaceful possession of the petitioner in respect of the
property comprised in Survey No.1076/3B44B an extent of 71 cents
based on the petitioner's representation dated 09.01.2026.
For Petitioner : Mr.M.Mathankhy
For R1, R2, R4 & R5 : Mr.J.Ashok
Additional Government Pleader
For R3 : Mr.S.Deenadhayalan
ORDER
(Order of the Court was made by DR.G.JAYACHANDRAN, J.)
The present Writ of Mandamus is filed seeking a direction to
the respondents 1, 2 and 5, namely, District Collector, Tahsildar and
Firka Surveyor, not to disturb the peaceful possession of the petitioner in
respect of the property comprised in Survey No.1076/3B44B measuring
an extent of 71 cents based on the petitioner's representation dated
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09.01.2026.
2. The learned counsel appearing for the petitioner submits
that the land in survey No.1076/3B44B belongs to the petitioner.
However, under the guise of removing encroachment, the respondents 1,
2 and 5 are trying to dispossess the petitioner. Hence, the present writ
petitioner with the above prayer.
3. When this Court posed a question whether there is any
material to show that the petitioner is in peaceful possession of the land
in the said survey number, the learned counsel refers to a civil court
decree passed in O.S.No.95 of 2024, dated 08.10.2025, by the learned
District Munsif, Aundipatti, wherein the petitioner herein, as a plaintiff
against Chinnakaruppan, Maruthu and Mani, has obtained an ex parte
decree of injunction in respect of the survey No.1076/3B44B measuring
71 cents. The said ex parte injunction decree as against the private
parties will not bind the respondents 1, 2 and 5.
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4. With these observations, this Writ Petition is dismissed. No
costs. Consequently, connected miscellaneous petition is closed.
[G.J., J.] & [K.K.R.K., J.]
17.02.2026
Index :Yes/No
Internet :Yes
apd
To
1. The District Collector,
Collectorate Campus,
Theni,
Theni District.
2. The Tahsildar,
Taluk Office,
Andipatti Taluk,
Theni District.
3. The Block Development Officer, Mayiladumparai, Andipatti Taluk, Theni District.
4. The Firka Surveyor, Mayiladumparai, Andipatti Taluk, Theni District.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/02/2026 05:41:13 pm )
DR.G. JAYACHANDRAN, J.
AND K.K. RAMAKRISHNAN, J.
apd
17.02.2026
https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/02/2026 05:41:13 pm )
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