Case Note & Summary
The petitioner, Dhanalakshmi, 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 11.12.2024 passed by the second respondent (Tahsildar, Andipatti Taluk, Theni District) 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 05.09.2024 calling for objections, followed by the impugned eviction order. The petitioner sought a writ of certiorari to quash the order. The court observed that the Act provides an effective appeal remedy under Section 10 to the District Collector against a Section 6 order. The court held that it would not be appropriate to entertain the writ petition when a statutory appeal is available. However, considering the circumstances, the court granted the petitioner liberty to file an appeal before the first respondent (District Collector, Theni) within ten days from receipt of the order. The court further directed the respondents not to take any coercive action to disturb the petitioner's possession over the subject land until the appeal is filed. 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 Appeal - Section 6 and Section 10 of Tamil Nadu Land Encroachment Act, 1905 - The petitioner challenged a consequential notice of eviction under Section 6 of the Act. The court held that since an effective appeal remedy under Section 10 lies to the District Collector, the writ petition is not appropriate. The court granted liberty to file appeal within 10 days and directed respondents not to take coercive action till then. (Paras 4-6)
Issue of Consideration
Whether a writ petition under Article 226 of the Constitution of India is maintainable when a statutory appeal remedy under Section 10 of the Tamil Nadu Land Encroachment Act, 1905 is available against an order under Section 6 of the Act.
Final Decision
The writ petition was disposed of granting the petitioner liberty to file an appeal before the District Collector under Section 10 of the Tamil Nadu Land Encroachment Act, 1905 within ten days from receipt of the order. The respondents were directed not to take any coercive action to disturb the petitioner's possession over the subject land till such time. No order as to costs. Connected miscellaneous petition closed.
Law Points
- Exhaustion of statutory remedy
- Alternative remedy not a bar to writ jurisdiction
- Interim protection pending appeal
Case Details
2025 LawText (MAD) (01) 384
W.P.(MD)No.31014 of 2024 and W.M.P.(MD)No.26046 of 2024
M.S.Ramesh, A.D.Maria Clete
For Petitioner: Mr.D.Rajaboopathy, For Respondents 1 & 2: Mr.S.Shaji Bino, Special Government Pleader
1.The District Collector, Collectorate, Theni District. 2.The Tahsildar, Taluk Office, Andipatti Taluk, Theni District.
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India challenging an order under Section 6 of the Tamil Nadu Land Encroachment Act, 1905.
Remedy Sought
Petitioner sought a writ of certiorari to quash the second respondent's order dated 11.12.2024 in Na.Ka.No.754/2024/A3.
Filing Reason
Petitioner challenged the eviction order passed under Section 6 of the Tamil Nadu Land Encroachment Act, 1905.
Previous Decisions
A notice under Section 7 of the Act was issued on 05.09.2024, followed by the impugned order under Section 6 on 11.12.2024.
Issues
Whether the writ petition is maintainable when a statutory appeal remedy under Section 10 of the Tamil Nadu Land Encroachment Act, 1905 is available against the impugned order under Section 6.
Submissions/Arguments
Petitioner argued that the impugned notice is illegal and sought quashing.
Respondents submitted that the petitioner has an alternative remedy of appeal under Section 10 of the Act.
Ratio Decidendi
When a statute provides an effective appeal remedy, it is not appropriate to entertain a writ petition under Article 226 challenging an order under that statute. However, the court may grant interim protection to enable the petitioner to avail the statutory remedy.
Judgment Excerpts
As against an order of eviction passed under Section 6 of the Act, an appeal remedy is provided for under Section 10 of the Act to the District Collector.
When the Act provides for an effective appeal remedy before the District Collector against order under Section 6, it would not be appropriate to entertain the present writ petition, which challenges the Section 6 notice.
the petitioner is granted liberty to file an appeal before the first respondent District Collector under Section 10 of the Act within a period of ten [10] days from the date of receipt of a copy of this order. Till such time, the respondents shall not take any coercive action to disturb the petitioner's possession over the subject land.
Procedural History
The petitioner was issued a notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 on 05.09.2024. Thereafter, an order under Section 6 of the Act was passed on 11.12.2024. The petitioner filed the present writ petition on an unspecified date challenging the Section 6 order. The court disposed of the writ petition on 06.01.2025.
Acts & Sections
- Tamil Nadu Land Encroachment Act, 1905: Section 6, Section 7, Section 10
- Constitution of India: Article 226
