Mayan.A vs The District Forest Officer on 8 April, 2026

[Cites 2, Cited by 0]

Madras High Court

Mayan.A vs The District Forest Officer on 8 April, 2026

Bench: G.R.Swaminathan

                                                                         W.M.P.(MD)No.6217 of 2026


                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED : 08.04.2026

                                                      CORAM

                            THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
                                               and
                              THE HONOURABLE MS.JUSTICE R.POORNIMA

                                          W.M.P.(MD)No.6217 of 2026
                                                    in
                                      Rev.Apl.W.(MD)No.SR15830 of 2025
                                                    in
                                          W.P.(MD)No.23884 of 2022

                     A.Mayan                                          ... Petitioner

                                                        Vs.

                     1.The District Forest Officer,
                       Madurai Forest Division,
                       Madurai, Madurai District.

                     2.The Forest Ranger,
                       Usilampatti Forest Range,
                       Usilampatti Taluk,
                       Madurai District.

                     3.The Tahsildar,
                       Usilampatti Taluk,
                       Madurai District.

                     4.The Assistant Engineer,
                       TANGEDCO,
                       Rural West Usilampatti,
                       Madurai District.                              ... Respondents


                     1/5




https://www.mhc.tn.gov.in/judis
                                                                              W.M.P.(MD)No.6217 of 2026




                     Prayer in W.M.P.(MD)No.6217 of 2026 : Miscellaneous Petition is filed

                     under Section 5 of the Limitation Act, to condone the delay of 828 days

                     in filing the Review Application against the order in W.P.(MD)No.23884

                     of 2022, dated 17.10.2022.



                     Prayer in Rev.Apl.W.(MD)No.SR15830 of 2025 : Review Application

                     is filed under Section 114 r/w. Order 47 Rule 1 of Civil Procedure Code,

                     to allow the review application and set aside the order passed in

                     W.P.(MD)No.23884 of 2022, dated 17.10.2022.



                                  For Petitioner      : Mr.A.Abdul Muthalif

                                  For Respondents : Mr.G.V.Vairam Santhosh,
                                                        Addl. Government Pleader for R1 to R3.


                                                            ORDER

(By G.R.SWAMINATHAN, J.) Heard both sides.

2/5

https://www.mhc.tn.gov.in/judis W.M.P.(MD)No.6217 of 2026

2.The petitioner seeks review of the order dated 17.10.2022 made in W.P.(MD)No.23884 of 2022. Since the review application has been filed with delay, this miscellaneous petition has been filed for condoning the same.

3.We went through the order that is sought to be reviewed. It is seen that the petitioner had suffered an eviction order under Section 6 of the Tamil Nadu Land Encroachment Act, 1905. Challenge to the said order was repelled by the Hon'ble Division Bench.

4.We called upon the learned counsel for the petitioner to state the reason for review. The learned counsel stated that the petitioner is claiming adverse possession. If that be so, it is a remedy that can be granted only by the jurisdictional Civil Court. In writ proceedings, we cannot declare that the petitioner has perfected title by adverse possession against the government.

3/5

https://www.mhc.tn.gov.in/judis W.M.P.(MD)No.6217 of 2026

5.Granting liberty to the petitioner to workout his rights in the manner known to law, this miscellaneous petition is dismissed. No costs.

Consequently, Rev.Apl.W.(MD)SR.No.15830 of 2025 is also dismissed at the SR stage itself.




                                                                   (G.R.S. J.,) & (R.P. J.,)
                                                                         08.04.2026
                     NCC                : Yes/No
                     Index              : Yes / No
                     Internet           : Yes/ No
                     ias

                     To:

1.The District Forest Officer, Madurai Forest Division, Madurai, Madurai District.

2.The Forest Ranger, Usilampatti Forest Range, Usilampatti Taluk, Madurai District.

3.The Tahsildar, Usilampatti Taluk, Madurai District.

4/5

https://www.mhc.tn.gov.in/judis W.M.P.(MD)No.6217 of 2026 G.R.SWAMINATHAN, J.

and R.POORNIMA, J.

ias W.M.P.(MD)No.6217 of 2026 in Rev.Apl.W.(MD)No.SR15830 of 2025 in W.P.(MD)No.23884 of 2022 08.04.2026 5/5 https://www.mhc.tn.gov.in/judis

Unlock Advanced Research with PRISMAI

Madras High Court