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2026 Supreme(Online)(Mad) 89559
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
M. Dhandapani, N. Dilip Kumar, JJ
Silukkumuthu Thevar – Appellant
Versus
District Collector, Virudhunagar District, Virudhunagar – Respondent
W.P(MD)No.25923 of 2026|WMP (MD) No.19399 of 2026
For the Appellants/Petitioners: M.Divakaran
For the Respondents: J.Saranya
The court held that when a civil suit is already pending regarding the subject matter of a writ petition challenging an eviction notice, the petitioner should seek remedy by filing an appropriate interlocutory application in the existing suit.
Headnote:(A) Writ Jurisdiction - Eviction Notice - Pendency of Civil Suit - Where a civil suit is already instituted regarding the subject matter of the eviction notice, the petitioner is directed to seek remedy via interlocutory application in the pending suit. (Para 3, 4)
Issues: Whether the Writ Petition challenging the eviction notice can be entertained in view of a pending civil suit on the same subject matter.
PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari, calling for the records relating to the impugned order vide Notice - 6 dated 28.08.2026 passed by the 3rd respondent and quash the same as illegal.
O R D E R
(Order of the Court was made by M.DHANDAPANI, J.)
Challenging the eviction notice issued by the third respondent under Section 6 of the Tamil Nadu Land Encroachment Act, the present Writ Petition has been filed.
2. The learned counsel appearing for the petitioner would submit that the respondent has issued an eviction notice alleging that the petitioner is in occupation of the land comprised in Survey No.242/3, which is classified as Government Poramboke, to an extent of 32 sq.m. Challenging the said eviction notice, the present Writ Petition has been filed.
3. However, the learned Government Advocate appearing for the respondents would submit that, in respect of the very same subject matter, the petitioner has already instituted a civil suit in O.S.No.83 of 2025 on the file of the Principal District Munsif Court, Aruppukottai.
4. In view of the above, this Writ Petition stands disposed of, granting liberty to the petitioner to work out his remedy by filing an appropriate interlocutory application in the aforesaid suit in respect of the impugned eviction notice. No costs. Consequently, the connected miscellaneous petition is closed.
