Case Note & Summary
The petitioner, Selvakumar, filed a writ petition under Article 226 of the Constitution of India challenging a final eviction notice dated 12.09.2025 issued under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905) by the Revenue Tahsildar, Thirukuzhakundram Taluk, Chengalpet District. The petitioner sought a writ of certiorarified mandamus to quash the eviction order and to restrain the respondent officials from interfering with his peaceful possession of the land, which he claimed was classified as grama natham and where he was running a shop. The respondents included the Additional Chief Secretary to Government, Commissioner of Land Administration, District Collector, District Revenue Officer, Revenue Tahsildar, and a private individual, T.R. Sekar. The court, comprising Justice S.M. Subramaniam and Justice K. Surender, heard the matter. The petitioner's counsel argued that the land was grama natham and occupied, thus the Government had no right over it. The respondents' counsel contended that the provisions of the 1905 Act applied to grama natham lands as per Revenue Standing Orders 21(1) and 26(1). The court examined the maintainability of the writ petition and held that no writ petition against a final notice under Section 6 of the 1905 Act is maintainable because an appeal is provided under Section 10 of the Act. The District Collector, as the appellate authority, is empowered to conduct a detailed enquiry, and the High Court cannot decide disputed questions of fact relating to civil rights. The court dismissed the writ petition as not maintainable, granting the petitioner liberty to file an appeal under Section 10 of the 1905 Act within a period of four weeks from the date of receipt of the order. The court also directed that if such an appeal is filed, the appellate authority shall consider it on its own merits and pass appropriate orders in accordance with law, without reference to the dismissal of the writ petition. The connected miscellaneous petitions were closed.
Headnote
A) Land Law - Encroachment - Maintainability of Writ Petition - Tamil Nadu Land Encroachment Act, 1905, Sections 6 and 10 - The petitioner challenged a final eviction notice under Section 6 of the Act. The court held that no writ petition against a final notice under Section 6 is maintainable since an appeal is contemplated under Section 10 of the Act. The District Collector/Appellate Authority is empowered to conduct a detailed enquiry, and the High Court cannot decide disputed questions of fact relating to civil rights. The writ petition was dismissed with liberty to file an appeal. (Paras 1-2, 6-7) B) Land Law - Grama Natham - Applicability of Encroachment Act - Tamil Nadu Land Encroachment Act, 1905, Revenue Standing Orders 21(1) and 26(1) - The petitioner contended that the land is grama natham and the Government has no right over it. The court noted that in respect of grama natham lands, the provisions of the 1905 Act would apply in view of the terms and conditions stipulated under Revenue Standing Orders 21(1) read with 26(1). (Paras 3-5)
Issue of Consideration
Whether a writ petition challenging a final notice under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 is maintainable without exhausting the appellate remedy under Section 10 of the Act.
Final Decision
The writ petition is dismissed as not maintainable. The petitioner is granted liberty to file an appeal under Section 10 of the Tamil Nadu Land Encroachment Act, 1905 before the District Collector/Appellate Authority within a period of four weeks from the date of receipt of the order. If such an appeal is filed, the appellate authority shall consider it on its own merits and pass appropriate orders in accordance with law, without reference to the dismissal of the writ petition. No costs. Connected miscellaneous petitions are closed.
Law Points
- Writ petition against final notice under Section 6 of Tamil Nadu Land Encroachment Act
- 1905 is not maintainable without exhausting appellate remedy under Section 10
- Grama natham lands are subject to provisions of the 1905 Act as per Revenue Standing Orders 21(1) and 26(1)
- High Court cannot decide disputed questions of fact relating to civil rights in writ jurisdiction
