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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.SUNDAR, K.GOVINDARAJAN THILAKAVADI, JJ
P.Chinnasamy – Appellant
Versus
The District Collector, Tiruppur, Tiruppur District – Respondent
ORDER :
M.SUNDAR, J.
In the captioned main 'Writ Petition' (hereinafter 'WP' for the sake of brevity), Mr.S.Umashankar, learned counsel representing Mr.M.Guruprasad, learned counsel on record for writ petitioner, Mr.T.K.Saravanan, learned Additional Government Pleader for official respondents/R1 and R2 are before us. As regards R3/private respondent (Ms.Lakshmi, W/o.Mr.Raj), R3 has been duly served and name and address of R3 is shown in the cause list but there is no representation either in the physical Court or on VC (video conferencing) platform. To be noted, this is a hybrid hearing, which is a regular/routine/daily feature in this Court. This Court is informed by the Registry that R3 has not chosen to enter appearance through any counsel.
2. This Court heard out captioned WP.
3. Subject matter of captioned WP is 'land comprised in Survey No.619/16 in Chengapalli Village, Uthukuli Taluk, Tiruppur District' (hereinafter 'said land' for the sake of convenience and clarity).
4. Writ petitioner came to this Court by way of a writ petition being W.P.No.16854 of 2018 with a mandamus plea seeking a direction to the official respondents to consider the petitioner's representations dated 15.
The court held that the writ petitioner has an effective alternate remedy through a statutory appeal under Section 10 of the Tamil Nadu Land Encroachment Act, 1905, and thus the writ petition was dis....
The court clarified that the impugned order was a final order under Section 10 of the Tamil Nadu Land Encroachment Act, allowing for statutory revision as an alternate remedy.
The court emphasized that disputes regarding land ownership under the Tamil Nadu Land Encroachment Act should be resolved through statutory appeals, affirming the Act's status as a self-contained cod....
The Tamil Nadu Land Encroachment Act is a self-contained code allowing for a structured process regarding encroachments and appeals, ensuring rights preservation for all parties involved.
The court upheld the validity of impugned orders under the Tamil Nadu Land Encroachment Act, confirming that proper notices were served and emphasizing the efficacy of statutory appeals as an alterna....
The court affirmed that the Appellate Authority under the Tamil Nadu Land Encroachment Act has the power to stay execution of orders and that the Alternative Remedy rule is not absolute but discretio....
The necessity of a show cause notice under the Tamil Nadu Land Encroachment Act before issuing an order under Section 6 is essential for valid proceedings.
The court affirmed that the statutory appeal under the Tamil Nadu Land Encroachment Act is the appropriate remedy, and the Act is a self-contained code barring jurisdiction of courts over its orders.
The Tamil Nadu Land Encroachment Act, 1905 is a self-contained code, requiring proper notice and response procedures, with the court emphasizing the preservation of rights for both parties.
The court emphasized the need to protect the petitioner's interest until the Statutory Appeal is disposed of, considering the nature of the land and the lack of opportunity for a fair hearing.
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