Case Note & Summary
The petitioner, Chinnakalimuthu, filed a writ petition under Article 226 of the Constitution of India before the Madurai Bench of the Madras High Court, challenging a notice dated 05.12.2024 issued by the second respondent (Tahsildar, Srivilliputhur Taluk) under Section 6 of the Tamil Nadu Land Encroachment Act, 1905. The notice was preceded by a show-cause notice under Section 7 of the Act dated 05.11.2024, calling for objections regarding alleged encroachment on land in S.No.603/38 at Chokkalampatti Utkadai, Pattakulam – Sallipatti Village, Srivilliputhur Taluk, Virudhunagar District. The petitioner sought a writ of certiorarified mandamus to quash the impugned notice and to restrain the respondents from interfering with his possession. The court observed that the Act provides an appeal remedy under Section 10 to the District Collector against an order under Section 6. Since the petitioner had challenged the Section 6 order, the court held that it would not be appropriate to entertain the writ petition in light of the effective alternative remedy. However, to protect the petitioner's possession, the court granted him liberty to file an appeal before the District Collector within one week from the date of receipt of the order, and directed the respondents not to take any coercive action till then. The writ petition was disposed of without any order as to costs, and the connected miscellaneous petition was closed.
Headnote
A) Land Law - Eviction under Tamil Nadu Land Encroachment Act - Alternative Remedy - Writ Petition - The petitioner challenged a notice under Section 6 of the Tamil Nadu Land Encroachment Act, 1905, which was preceded by a Section 7 notice. The court held that since an effective appeal remedy under Section 10 of the Act to the District Collector exists, the writ petition is not maintainable. However, the court granted the petitioner liberty to file an appeal within one week and directed the respondents not to take coercive action till then. (Paras 4-6)
Issue of Consideration
Whether a writ petition challenging an eviction order under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 is maintainable when an appeal remedy under Section 10 of the Act is available.
Final Decision
The writ petition was disposed of with liberty to the petitioner to file an appeal before the District Collector under Section 10 of the Act within one week. The respondents were directed not to take any coercive action to disturb the petitioner's possession till then. No order as to costs. Connected miscellaneous petition closed.
Law Points
- Existence of alternative statutory remedy
- Writ petition not maintainable when effective appeal remedy available
- Interim protection pending appeal
