Encroachment removal moots writ challenge; restoration directed if petitioner succeeds in pending civil appeal.

(Order of the Court was made by N.SATHISH KUMAR, J.)

The petitioner has filed the present Writ Petition challenging the impugned proceedings issued by the fourth respondent dated 15.12.2025 and seeking a consequential direction to the respondents 1 to 6 not to mutate the revenue records in respect of the property comprised in Survey No.300/48 situated at K. Vellakulam I-Bit, Kallikudi Taluk, Madurai District, and further directing them not to interfere with the petitioner’s possession of the said property, in view of the pendency of civil proceedings as well as the revision before the second respondent.

2.The petitioner submits that the property in Survey No.300/48 is classified as Natham land, and his father, Dharmaraj Reddiyar, had been in long-standing possession and enjoyment of the same, having constructed a dwelling house along with cattle and goat sheds. The petitioner claims absolute ownership and continuous occupation for several decades.

3.It is stated that earlier proceedings were initiated by one Ramasamy before the District Collector, Madurai, seeking eviction of the petitioner’s father. Pursuant to eviction notices issued under the Land Encroachment Act, the petitioner’s father challenged the same by filing O.S. No.613 of 1994 before the District Munsif Court, Thirumangalam, wherein the suit was decreed in his favour and the eviction notice was set aside. The appeal in A.S. No.74 of 2001 filed before the Subordinate Judge, Madurai, was dismissed, thereby confirming the judgment and decree of the trial court. No second appeal was preferred thereafter and thus the decree attained finality.

4.The petitioner contends that despite the finality of the civil court decree, the seventh respondent initiated fresh proceedings before the revenue authorities. Acting on such representations, the third respondent is alleged to have passed orders without considering the petitioner’s documents. Subsequent eviction notices, including proceedings dated 01.10.2019, were issued, which according to the petitioner, are in violation of the principles of natural justice.

5.The petitioner further submits that he challenged the said actions by filing appropriate proceedings and also instituted O.S.No.279 of 2019 for declaration and injunction, which came to be dismissed. Aggrieved by the same, the petitioner has filed A.S. No.10 of 2025 before the District Court, Madurai, which is pending adjudication.

6.During the pendency of the said proceedings, the third respondent passed further orders dated 30.08.2025 under the Patta Pass Book Act. Challenging the same, the petitioner has filed a revision before the second respondent, which, after being dismissed for default, is presently pending restoration.

7.The grievance of the petitioner is that, despite the matter being sub judice and previously decided by competent civil courts, the fourth and fifth respondents issued fresh eviction notices dated 15.12.2025 and, without affording due opportunity, removed the petitioner’s shed on 27.01.2026, treating him as an encroacher. The petitioner contends that the said actions are illegal, arbitrary, and contrary to the binding civil court decrees, resulting in loss of property and damage to his reputation. Hence, the present writ petition has been filed.

8.The learned Additional Government Pleader appearing for the respondents 1 to 6 submitted that the encroachment has already been removed and, in support of the same, photographs and a report of the Village Administrative Officer have been placed before this Court.

9.Heard the learned counsel appearing on either side and perused the materials available on record.

10.The petitioner does not dispute the factum of remo