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W.P(MD)No.1752 of 2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 29.01.2026

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

and

THE HONOURABLE MR.JUSTICE B.PUGALENDHI

W.P(MD)No.1752 of 2026

and

W.M.P(MD)Nos.1367 & 1368 of 2026

Indiradevi ... Petitioner

Vs.

1.The District Collector,

Virudhunagar District.

2.The District Surveyor,

Virudhunagar District.

3.The Tahsildar,

Kariyapatti Taluk Office,

Virudhunagar District.

4.The Circle Revenue Inspector,

Mallanginar,

Kariyapatti,

Virudhunagar District.

5.The Taluk Surveyor,

Kariapatti Taluk,

Virudhunagar District.

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W.P(MD)No.1752 of 2026

6.The Village Administrative Officer,

Alagiyanallur Village,

Kariyapatti Taluk,

Virudhunagar District. ... Respondents

Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a

Writ of Certiorarified Mandamus, to call for the records relating to the

impugned order passed by the third respondent in Na.Ka.A8/0165/2025 dated

07.01.2026 and quash the same as illegal and consequently direct the

respondents not to interfere in the peaceful possession of the petitioner in her

patta land situated in Survey No. 76/1 of Alagiyanallur Village, Kariyapatti

Taluk, Virudhunagar District, by considering the petitioner's explanation dated

31.12.2025.

For Petitioner : Mr.S.Vishnuvardhan

For Respondents : Mr.C.Venkatesh Kumar

Special Government Pleader

ORDER

The petitioner assails the impugned notice under Section 6 of the

Land Encroachment Act, 1905. As pointed out by the learned Special

Government Pleader, the notice calls upon the petitioner to remove the

encroachment said to have been committed in Survey No.76/1. Admittedly, the

petitioner does not have any claim over Survey No.76/1. The petitioner holds

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W.P(MD)No.1752 of 2026

his patta land only in Survey No.166/3. Therefore, the question of interfering

with the impugned notice does not arise at all. We however make it clear that

in the guise of enforcing under Section 6 of the Land Encroachment Act, 1906

the authorities should not interfere with the petitioner's patta land comprised in

Survey No.166/3.

2.With the aforesaid observation and direction, this Writ Petition

stands dismissed. No costs. Consequently, connected miscellaneous petitions

are closed.

[G.R.S., J.] [B.P., J.]

29.01.2026

NCC : Yes / No

Internet : Yes / No

Index : Yes / No

MGA

To

1.The District Collector,

Virudhunagar District.

2.The District Surveyor,

Virudhunagar District.

3.The Tahsildar,

Kariyapatti Taluk Office,

Virudhunagar District.

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W.P(MD)No.1752 of 2026

4.The Circle Revenue Inspector,

Mallanginar,

Kariyapatti,

Virudhunagar District.

5.The Taluk Surveyor,

Kariapatti Taluk,

Virudhunagar District.

6.The Village Administrative Officer,

Alagiyanallur Village,

Kariyapatti Taluk,

Virudhunagar District.

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W.P(MD)No.1752 of 2026

G.R.SWAMINATHAN, J

and

B.PUGALENDHI, J.

MGA

W.P(MD)No.1752 of 2026

29.01.2026

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