A.Pachaikannu v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.12.2025 CORAM: THE HONOURABLE MR.JUSTICE P.VELMURUGAN and THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN W.P.(MD) Nos.36873, 36874, 36875, 36876, 36877, 36878, 36879 & 36880 of 2025 and W.M.P.(MD) Nos.29319, 29321, 29320, 29322, 29323, 29325, 29327, 29329, 29324, 29326, 29328, 29333, 29330, 29331, 29332 & 29334 of 2025 W.P.(MD) No.36873 of 2025: A.Pachaikannu

: : W.P.(MD) No.36874 of 2025: R.Tamilarasan

: : W.P.(MD) No.36875 of 2025: N.Sekar

: : W.P.(MD) No.36876 of 2025: M.Ibrahimmoosa

: : W.P.(MD) No.36877 of 2025: A.Backiyaraj

: : W.P.(MD) No.36878 of 2025: T.Senthur Pandiyan

: : W.P.(MD) No.36879 of 2025: G.Janatha

: : W.P.(MD) No.36880 of 2025: S.Mohamed Vaipathan

: : C O M M O N O R D E R [Order of the Court was made by P.VELMURUGAN, J.] These writ petitions have been filed challenging the orders dated

25.11.2025, passed by the third respondent, under Section 6 of the Tamil Nadu Land Encroachment Act, 1905, directing removal of encroachments in the subject land within fifteen days and the consequential notices dated

19.12.2025, issued by the third respondent, directing the parties to take their belongings from the subject land as the encroachments in the subject land are going to be removed by 22.12.2025.

¶2A perusal of the records shows that already a suit in O.S.No.36 of 2025 has been filed in respect of the subject property and the same is pending on the file of the District Munsif Court, Kadaladi. Since the petitioners are unable to get any interim orders in their favour in the pending suit, they have approached this Court by filing the present writ petitions. Since the dispute is civil in nature and requires pleadings and evidence, and since the facts must be proved by leading evidence, the same cannot be decided in writ proceedings under Article 226 of the Constitution of India. Therefore, these writ petitions are liable to be dismissed.

¶3Accordingly, these writ petitions are dismissed. However, liberty is granted to the petitioners to work out their remedy in the manner known to law before the Civil Court in the pending suit. No costs. Consequently, connected miscellaneous petitions are closed.

[P.V., J.] [M.J.R., J.]

26.12.2025 NCC : Index : Internet :

krk To:

1.The District Collector, Office of the District Collector, Ramanathapuram District.

2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Paramakudi Taluk, Ramanathapuram District.

3.The Tahsildar, Kadaladi Taluka Office, Kadaladi Taluk, Ramanathapuram District. P.VELMURUGAN,AJ. AND M.JOTHIRAMAN,AJ. krk W.P.(MD)ANos.36873,A36874,A36875,A 36876,A36877,A36878,A36879A&A 36880AofA2025 and W.M.P.(MD)ANos.29319,A29321,A 29320,A29322,A29323,A29325,A29327,A 29329,A29324,A29326,A29328,A29333,A 29330,A29331,A29332A&A29334AofA 2025

26.12.2025