P.Jothi vs The District Collector,

WP(MD) No. 29156 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 28-10-2026
CORAM
THE HON'BLE MR. JUSTICE G.R.SWAMINATHAN
AND
THE HON'BLE MRS.JUSTICE M.D.SUMATHI
WP(MD) No. 29156 of 2026
AND
W.M.P.(MD)No.22126 of 2026
CNR:{HCMD011454062026}
P.Jothi
W/o.Balamurugan,
D.No.3/1, Kovil Street,
Sampakudi, Pudukulam,
Vadivelkarai,
Madurai.
..Petitioner(s)
Vs
1.
The District Collector,
Madurai.
2. The Revenue Divisional Officer,
Madurai.
3.
The Tahsildar,
Madurai West Taluk, Madurai.
4. The Inspector of Police,
Nagamalai Pudukkottai Police Station,
Madurai.
5. T.Rajagiri,
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WP(MD) No. 29156 of 2026
S/o.Thangaraj,
68/20C, Thomas Colony,
1st Cross Street,
SS Colony, Madurai.
..Respondent(s)
Prayer : Writ Petition filed under Article 226 of the Constitution of
India, to issue a Writ of Certiorarified Mandamus, to call for the
records in Na.Ka.No.1041/2026/C on the file of the third respondent
dated 21.09.2026 and to quash the same as illegal and arbitrary and
st
consequently directing the 1 respondent to grant fresh patta.
For Petitioner(s): Mr.K.R.Kishore Ram
For Respondent(s): Ms.K.R.Shivashankari,
Additional Government Pleader
for R-1 to R-3.
Mr.I.Murugesan,
Government Advocate
for R-4.
ORDER
(Order of the Court was made by G.R. SWAMINATHAN J.)
Heard the learned counsel appearing for the writ petitioner
and the learned Additional Government Pleader appearing for the
respondents 1 to 3 and the learned Government Advocate
appearing for the fourth respondent.
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WP(MD) No. 29156 of 2026
2. The writ petitioner challenges the order dated 21.09.2026
passed by the Tahsildar, Madurai West Taluk calling upon the
petitioner to remove the encroachment in question.
3. The writ petitioner had earlier suffered an eviction order
under Section 6 of the Tamil Nadu Land Encroachment Act.
Questioning the same, the petitioner filed an appeal before the
District Collector, Madurai. The District Collector, Madurai
dismissed the appeal vide order dated 11.09.2026.
4. The petitioner’s counsel states that the petitioner has filed a
revision before the Government. The order of the appellate
authority is fairly detailed. The specific finding given by the
appellate authority is that the patta relied upon by the petitioner is
a fabricated one. We called upon the petitioner’s counsel to
produce the original patta. It is not forthcoming. The photocopy
that has been enclosed has been overwritten. When the District
Collector has given a specific finding that the petitioner’s patta is a
piece of forgery, the petitioner is duty bound to satisfy us that the
patta was actually issued by the authority concerned. The onus lies
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WP(MD) No. 29156 of 2026
entirely on the petitioner. The petitioner has not been able to
discharge the said burden. In these circumstances, we are unable
to grant relief to the petitioner. This writ petition stands dismissed.
No costs. Consequently, connected miscellaneous petition is closed.
(G.R.S.,J.) (M.D.S.,J.)
28-10-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
PMU
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WP(MD) No. 29156 of 2026
To
1.
The District Collector
Madurai
2. The Revenue Divisional Officer
Madurai
3.
The Tahsildar
Madurai West Taluk, Madurai
4. The Inspector of Police
Nagamalai Pudukkottai Police Station
Madurai
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WP(MD) No. 29156 of 2026
G.R.SWAMINATHAN, J.
AND
M.D.SUMATHI, J.
PMU
WP(MD) No. 29156 of 2026
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WP(MD) No. 29156 of 2026
28-10-2026
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