Case Note & Summary
The petitioner, Vignesh, filed a writ petition under Article 226 of the Constitution of India before the Madurai Bench of the Madras High Court, challenging an order dated 10.01.2025 passed by the second respondent (Thasildar, Peraiyur Taluk) under Section 6 of the Tamil Nadu Land Encroachment Act, 1905. The petitioner had earlier been issued a notice under Section 7 of the Act on 21.05.2024 calling for objections, and thereafter the eviction order under Section 6 was passed on 20.09.2024. The petitioner sought a writ of certiorari to quash the impugned order. The Court observed that the Act provides an effective appeal remedy under Section 10 before the District Collector against an order under Section 6. Therefore, the Court declined to entertain the writ petition and instead granted the petitioner liberty to file an appeal before the first respondent District Collector within one week from the date of receipt of the order. The Court further directed that till such time, the respondents shall not take any coercive action to disturb the petitioner's possession over the subject land. The writ petition was disposed of with no order as to costs, and the connected miscellaneous petition was closed.
Headnote
A) Land Law - Encroachment - Statutory Remedy - Section 6, Section 7, Section 10 of the Tamil Nadu Land Encroachment Act, 1905 - The petitioner challenged a notice under Section 6 of the Act by way of a writ petition. The Court held that since an appeal remedy under Section 10 of the Act is available before the District Collector, the writ petition is not maintainable. The petitioner was granted liberty to file an appeal within one week, and the respondents were directed not to take coercive action till then. (Paras 3-6)
Issue of Consideration
Whether a writ petition under Article 226 of the Constitution of India should be entertained when an effective statutory appeal remedy is available against an order under Section 6 of the Tamil Nadu Land Encroachment Act, 1905.
Final Decision
The writ petition is disposed of granting liberty to the petitioner to file an appeal before the first respondent District Collector under Section 10 of the Act within one week. Till then, respondents shall not take coercive action to disturb petitioner's possession. No order as to costs. Connected miscellaneous petition closed.
Law Points
- Exhaustion of statutory remedy
- Availability of alternative remedy
- Interim protection pending appeal
