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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.SUNDAR, K.GOVINDARAJAN THILAKAVADI, JJ
V. Palaniammal W/o Late Venkatachala Gounder – Appellant
Versus
District Collector, Tiruppur – Respondent
| Table of Content |
|---|
| 1. counsel's submission on order (Para 2 , 4) |
| 2. nature of impugned order (Para 7) |
| 3. final order under section 10 (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 4. writ petition disposed of (Para 18) |
ORDER :
2. Mr.R.Viduthalai, learned Senior Counsel appearing on behalf of counsel on record for writ petitioners, adverting to impugned order of R1 submitted that the same has been made vide Section 10-B of 'the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905)' {hereinafter 'said 1905 Act' for the sake of brevity} which is a provision which provides for stay pending decision in an appeal or revision.
5. Issue notice to official respondents.
8. We make it clear that all rights and contentions of private respondent (R4) are preserved and therefore, there is no impediment in taking up the main WP in the Admission Board with the consent of learned counsel on both sides.
10. This takes us to the alternate remedy point.
12. A careful perusal of the scheme of said 1905 Act makes it clear that writ petitioners have an efficacious alternate remedy by way of a statutory revision under Section 10-A(1)(c) of said 1905 Act. Entire Section 10-A of said 1905 Act captioned
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 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 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 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.
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 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 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 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, 1905 is a self-contained code, requiring proper notice and response procedures, with the court emphasizing the preservation of rights for both parties.
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