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S. M. SUBRAMANIAM, K. RAJASEKAR
N. Viswanathan – Appellant
Versus
Estate Officer, the Executive Engineer, Irrigation Division, Public Works Department – Respondent
JUDGMENT :
S.M. Subramaniam J.
(Prayer: Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari, calling for the records relating to the impugned orders of the first respondent dated 04.01.2016 bearing Ref.3689/ PW/EEI/ JE(P)- EO/ CC-62/ 2015-16/ 33 and of the second respondent dated 14.06.2017 in M.A. No.3 of 2016 and quash the same.)
1. The Writ Petition has been instituted challenging the order passed by the Principal District Judge, Puducherry, confirming the order passed by the Estate Officer under the provisions of the Tamil Nadu Public Premises (Eviction of Unauthorized Occupants) Act, 1971.
2. The petitioners have claimed that they are the absolute owners of the entire portion of the subject land in the Writ Petitions. The respondent Estate Officer / Executive Engineer would contend that a portion of the land is a Government land, classified as 
(Canal)”. The learned counsel for the petitioner would submit that survey has not been conducted properly and admittedly, the petitioner is holding patta land and by obtaining building plan permission, constructed residential house and therefore, the orders passed by the Estate Offi
The main legal point established in the judgment is the verification of revenue records and the eviction of encroachers to ensure the free flow of water through the canal.
A writ petition seeking intervention in eviction proceedings is premature when the petitioner is already undergoing a pending statutory enquiry under the Tamil Nadu Land Encroachment Act following a ....
An appellate authority must ensure no coercive dispossession occurs while a statutory administrative appeal against an eviction notice is pending consideration.
Encroachments are to be removed by following the procedures as contemplated under the relevant provisions of the Tamil Nadu Land Encroachment Act, 1905 or the Tamil Nadu Protection of Tanks and Evict....
A writ petition is not maintainable against eviction orders under the Land Encroachment Act when an alternative efficacious statutory remedy, such as a revision before the Commissioner of Land Admini....
A writ petition challenging an order passed under the Tamil Nadu Land Encroachment Act, 1905 is not maintainable when an appeal against the same order is already pending before the statutory appellat....
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