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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 :
1. Captioned main 'Writ Petition' {hereinafter 'WP' for the sake of brevity, convenience and clarity} has been filed assailing an 'order dated 22.11.2024 bearing reference Na.Ka.2196/2024/Aa3 made by R1 [the District Collector, Tiruppur District, Tiruppur]' {hereinafter 'impugned order' for the sake of brevity, convenience and clarity}.
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.
paragraph No.6 thereunder and concluding paragraph which read as follows:
4. Learned Senior Cou
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 emphasized the right to appeal under the Tamil Nadu Land Encroachment Act, directing that appeals be entertained irrespective of limitation for fair resolution.
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.
Writ petition not maintainable if alternative statutory revision remedy available under land encroachment laws.
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....
Judicial intervention is unnecessary when the issue at hand, such as land encroachment, has already been resolved, as per statutory provisions.
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