Section 133 Cr.P.C. inapplicable to patta landowners recognized by superior revenue authorities without preliminary order.

O R D E R

Heard both sides.

2. The petitioner challenges the impugned order issued by the Tahsildar, Peravoorani, Thanjavur District. By the impugned communication, the Tahsildar had issued a direction under Section 133 of Cr.P.C. to vacate possession of the petition-mentioned land comprised in survey No.14/16B in Modapulikkadu Village and survey No.138/3, Nattanikottai Village. The impugned order has to be set aside for two reasons:

a) It runs counter to the communication issued by the Sub Collector, Pattukkottai on 23.02.2016 wherein it has been mentioned that the consent of the land owners has to be obtained for laying cement road to facilitate the running of the temple chariot. The petitioner figures as the seventh noticee. When the Sub Collector, Pattukottai chose to treat the petitioner herein as a land owner, the Tahsildar, Peravoorani who is subordinate to him could not have treated the petitioner as an encroacher.

b) Secondly, the revenue records clearly indicate that Survey No.14/16B is the petitioner’s patta land.

3. Therefore, the question of invoking Section 133 of Cr.P.C does not arise at all. It may also be incidentally noted that without passing preliminary order, the impugned direction had been straightaway issued. We, therefore, quash the impugned orders. Though the writ petitioner had succeeded in the matter, he had graciously filed a memo dated 23.03.2026 which reads as follows:-

Recording the undertaking given by the petitioner herein, the writ petitions are allowed. No costs. Consequently, connected miscellaneous petitions are closed.