Case Note & Summary
The petitioner, Indirani, filed a writ petition under Article 226 of the Constitution of India seeking a writ of mandamus directing the first respondent, the State Government of Tamil Nadu, to dispose of her appeal/revision dated 11.05.2022 filed under Section 10-A of the Tamil Nadu Land Encroachment Act, 1905. The appeal challenged proceedings No. Na. Ka. 12455/2021/A3 dated 25.02.2022. During the pendency of the writ petition, the learned Additional Government Pleader submitted that the encroachment in question had already been removed. In light of this development, the court held that no further adjudication was necessary. Consequently, the writ petition was closed without any order as to costs, and any connected miscellaneous petitions were also closed. The judgment was delivered by a division bench comprising Justice S.M. Subramaniam and Justice K. Surender on 17-03-2026.
Headnote
A) Writ Law - Mandamus - Infructuous Petition - Tamil Nadu Land Encroachment Act, 1905, Section 10-A - Petitioner sought direction to dispose of appeal against encroachment removal order - During pendency, encroachment was removed - Held that no further adjudication is required and writ petition is closed as infructuous (Paras 2-3).
Issue of Consideration
Whether the writ petition seeking direction to dispose of a statutory appeal under Section 10-A of the Tamil Nadu Land Encroachment Act, 1905 survives when the encroachment has already been removed.
Final Decision
Writ petition closed as no further adjudication required. No costs. Connected miscellaneous petitions closed.
Law Points
- Writ of mandamus
- Statutory appeal
- Infructuous
- Tamil Nadu Land Encroachment Act
- 1905
- Section 10-A
Case Details
2026 LawText (MAD) (03) 268
S. M. Subramaniam, K. Surender
Mr.R.Rajarajan, Mr.T.Arun kumar
The State Government of Tamil Nadu, The District Collector, Chengelpattu, The Revenue Division Officer, Chengelpattu, The Tahsildar, Tambaram Taluk
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Nature of Litigation
Writ petition under Article 226 seeking mandamus to dispose of statutory appeal under Section 10-A of Tamil Nadu Land Encroachment Act, 1905.
Remedy Sought
Petitioner sought direction to first respondent to dispose of appeal/revision dated 11.05.2022.
Filing Reason
Petitioner's appeal against encroachment removal proceedings was pending disposal.
Previous Decisions
Proceedings No. Na. Ka. 12455/2021/A3 dated 25.02.2022 were passed by the first respondent.
Issues
Whether the writ petition survives when the encroachment has been removed during pendency.
Submissions/Arguments
Learned Additional Government Pleader submitted that the encroachment has already been removed.
Ratio Decidendi
When the subject matter of a statutory appeal (encroachment) has been removed during pendency of a writ petition seeking disposal of that appeal, the petition becomes infructuous and no further adjudication is required.
Judgment Excerpts
The present writ petition has been instituted seeking a direction for disposal of the statutory appeal filed under Section 10-A of the Tamil Nadu Land Encroachment Act, 1905.
Learned Additional Government Pleader would submit that said encroachment has already been removed.
That being the case, no further adjudication needs to be undertaken.
Procedural History
Petitioner filed writ petition on an unspecified date seeking mandamus to dispose of appeal dated 11.05.2022. During pendency, encroachment was removed. Court closed petition on 17-03-2026.
Acts & Sections
- Tamil Nadu Land Encroachment Act, 1905: Section 10-A
- Constitution of India: Article 226
