Case Note & Summary
The petitioner, N. Saravana Prakash, filed a Writ of Mandamus before the Madras High Court seeking removal of encroachments on land. The Tahsildar had conducted a survey and issued a show cause notice under Section 7 of the Land Encroachment Act, 1905, followed by a final order under Section 6 of the Act. The encroacher appealed to the District Collector under Section 10, who vide proceedings dated 31.03.2022 cancelled the final order. The petitioner then approached the High Court. The court observed that since the District Collector had already passed an order on appeal, the petitioner was at liberty to file a further revision before the competent authority under the Land Encroachment Act. The court disposed of the writ petition with this observation and closed the connected miscellaneous petition, imposing no costs.
Headnote
A) Land Law - Encroachment - Alternative Remedy - Writ of Mandamus - Petitioner sought removal of encroachments after the District Collector cancelled the final order under Section 6 of the Land Encroachment Act, 1905 - The court held that the petitioner is at liberty to file a revision before the competent authority under the Act - The writ petition was disposed of without interfering with the Collector's order, as the petitioner had not exhausted the statutory remedy of revision (Paras 1-4).
Issue of Consideration
Whether the High Court should entertain a writ petition seeking removal of encroachments when the petitioner has an alternative remedy of revision under the Land Encroachment Act.
Final Decision
The writ petition was disposed of with the observation that the petitioner is at liberty to file a further revision before the competent authority under the Land Encroachment Act. No costs. Connected miscellaneous petition closed.
Law Points
- Writ of Mandamus
- Land Encroachment Act
- Section 6
- Section 7
- Section 10
- Exhaustion of remedies
- Revision
Case Details
2026 LawText (MAD) (04) 106
WP No. 42760 of 2025 and WMP No. 49683 of 2025
S. M. Subramaniam, K. Surender
Mohammed Aasif for Petitioner, Abishek Murthy (Govt Advocate) for Respondents 1 and 2
The District Collector, The Tahsildar, Dr. Ambedkar Public Social Welfare Association
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ petition seeking removal of encroachments.
Remedy Sought
Petitioner sought a Writ of Mandamus to remove encroachments.
Filing Reason
The District Collector cancelled the final order under Section 6 of the Land Encroachment Act, which had been issued by the Tahsildar after survey and show cause notice.
Previous Decisions
Tahsildar issued show cause notice under Section 7 and final order under Section 6; District Collector cancelled the final order on appeal under Section 10.
Issues
Whether the High Court should entertain a writ petition when the petitioner has an alternative remedy of revision under the Land Encroachment Act.
Submissions/Arguments
Petitioner argued for removal of encroachments.
Respondents (Government) represented by Government Advocate.
Ratio Decidendi
When a statutory remedy of revision is available under the Land Encroachment Act, the High Court should not entertain a writ petition for the same relief, and the petitioner must exhaust the alternative remedy.
Judgment Excerpts
The Writ of Mandamus has been instituted seeking removal of encroachments.
The Tahsildar, after conducting survey issued show cause notice under Section 7 of the Land Encroachment Act and by affording opportunity to the encroacher, final order under Section 6 of the Act was issued.
Aggrieved encroacher preferred an appeal before the District Collector under Section 10 and the District Collector, Chengalpattu, vide proceedings dated 31.03.2022, cancelled the final order issued under Section 6 of the Act.
That being the factum, the petitioner is at liberty to file a further revision before the competent under the land Encroachment Act, if he is advised to do so.
Procedural History
Tahsildar issued show cause notice under Section 7 and final order under Section 6 of the Land Encroachment Act. Encroacher appealed to District Collector under Section 10, who cancelled the final order on 31.03.2022. Petitioner then filed the present writ petition before the High Court.
Acts & Sections
- Land Encroachment Act, 1905: Section 6, Section 7, Section 10
