Case Note & Summary
The petitioner, S. Nagarajan, filed a writ petition under Article 226 of the Constitution of India before the Madurai Bench of the Madras High Court, seeking a Writ of Mandamus to restrain the respondents (District Collector, Tahsildar, and Revenue Inspector of Theni District) from proceeding with a notice dated 11.12.2024 issued under Section 6 of the Tamil Nadu Land Encroachment Act, 1905. The petitioner had already preferred a statutory appeal under Section 10 of the same Act on 14.12.2024 against the eviction order, along with an interim stay petition dated 18.12.2024, both pending before the first respondent (District Collector). The court observed that since the petitioner had invoked the statutory remedy and the appeal was pending, entertaining a writ petition for similar relief would be impermissible. The court dismissed the writ petition with no order as to costs, emphasizing that the petitioner must pursue the statutory remedy before the appellate authority.
Headnote
A) Constitutional Law - Writ Jurisdiction - Alternative Remedy - Maintainability of Writ Petition - Tamil Nadu Land Encroachment Act, 1905, Sections 6 and 10 - The petitioner challenged an eviction notice under Section 6 by filing a statutory appeal under Section 10 along with an interim stay application before the appellate authority. The High Court held that entertaining a writ petition for the same relief while the statutory appeal is pending is impermissible, as the petitioner must await the decision of the appellate authority. The writ petition was dismissed. (Paras 2-4)
Issue of Consideration
Whether a writ petition seeking stay of eviction proceedings is maintainable when the petitioner has already invoked the statutory remedy of appeal under Section 10 of the Tamil Nadu Land Encroachment Act, 1905 and the same is pending.
Final Decision
The writ petition was dismissed. The court held that since the petitioner had already invoked the statutory remedy of appeal under Section 10 of the Tamil Nadu Land Encroachment Act, 1905 and the same was pending, entertaining a writ petition for similar relief was impermissible. No order as to costs.
Law Points
- Exhaustion of statutory remedy
- Writ of Mandamus not maintainable when alternative remedy available
- Section 10 appeal under Tamil Nadu Land Encroachment Act
- 1905
Case Details
2025 LawText (MAD) (01) 399
M.S. Ramesh, A.D. Maria Clete
For Petitioner: Mr. R. Maheswaran; For Respondents: Mr. J. Ashok, Additional Government Pleader
1. The District Collector, Theni; 2. The Tahsildar, Andipatti, Theni District; 3. The Revenue Inspector, Mayiladumparai, Andipatti Taluk, Theni District
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Nature of Litigation
Writ Petition under Article 226 of the Constitution of India seeking a Writ of Mandamus to forbear the respondents from proceeding with an eviction notice under Section 6 of the Tamil Nadu Land Encroachment Act, 1905.
Remedy Sought
The petitioner sought a direction to restrain the respondents from proceeding with the notice dated 11.12.2024 issued under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 until the disposal of the statutory appeal dated 14.12.2024 and interim stay petition dated 18.12.2024 filed by the petitioner under Section 10 of the Act.
Filing Reason
The petitioner was issued an eviction notice under Section 6 of the Tamil Nadu Land Encroachment Act, 1905. He filed a statutory appeal under Section 10 and an interim stay application, but fearing eviction before the appeal is decided, he filed the writ petition.
Previous Decisions
The petitioner had already filed a statutory appeal under Section 10 of the Act on 14.12.2024 and an interim stay petition on 18.12.2024, both pending before the first respondent (District Collector).
Issues
Whether a writ petition seeking stay of eviction proceedings is maintainable when the petitioner has already invoked the statutory remedy of appeal under Section 10 of the Tamil Nadu Land Encroachment Act, 1905 and the same is pending.
Submissions/Arguments
The petitioner argued that the eviction notice under Section 6 was illegal and that he had filed a statutory appeal under Section 10 along with an interim stay application, but the respondents were proceeding with eviction, necessitating the writ petition.
The respondents, represented by the Additional Government Pleader, submitted that the petitioner had an alternative statutory remedy and the writ petition was not maintainable.
Ratio Decidendi
When a statutory remedy of appeal is available and has been invoked by the petitioner, a writ petition seeking the same relief is not maintainable. The petitioner must await the decision of the appellate authority.
Judgment Excerpts
Admittedly, the petitioner herein had preferred an appeal under Section 10 of 'the Tamil Nadu Land Encroachment Act, 1905' ... against the eviction order passed under Section 6 of the Act and has also move an interim application seeking for stay of the eviction proceedings.
While the petitioner herein had invoked the statutory appeal under the Act and the same is pending, entertaining the present Writ Petition for a similar relief which is before the appellate authority is impermissible.
Procedural History
The petitioner was issued an eviction notice under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 on 11.12.2024. He filed a statutory appeal under Section 10 on 14.12.2024 and an interim stay petition on 18.12.2024 before the District Collector. Subsequently, he filed the present writ petition on an unspecified date, which was taken up for final disposal at the admission stage on 06.01.2025.
Acts & Sections
- Tamil Nadu Land Encroachment Act, 1905: Section 6, Section 10
- Constitution of India: Article 226
