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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mr. Justice M. Sundar, Mrs. Justice K. Govindarajan Thilakavadi, JJ
Jain Irrigation Systems Ltd. – Appellant
Versus
District Collector, Tiruppur District – Respondent
ORDER :
M. SUNDAR, J.
This order will now govern the captioned main writ petition and captioned writ miscellaneous petitions thereat.
2. When the captioned matter was listed yesterday (05.02.2025), the following proceedings/order was made:
'W.P.No.4076 of 2025 and W.M.P.Nos.4581, 4582 & 4584 of 2025
M.SUNDAR, J.
and
K. GOVINDARAJAN THILAKAVADI, J.
[Order of the Court was made by M.SUNDAR. J.,]
Captioned main 'Writ Petition' {hereinafter 'WP' for the sake of brevity} has been filed with a Certiorarified mandamus prayer.
2. In and vide certiorari limb, an 'order dated 28.01.2025 bearing reference Na.Ka.115/2025/A5 made by R4 [the Tahsildar, Udumalpet Taluk, Tiruppur District]' {hereinafter 'impugned order' for the sake of brevity, convenience and clarity} has been assailed.
3. Mr.Rahul Balaji, learned counsel on record for writ petitioner, adverting to impugned order submits that impugned order directs further proceedings pursuant to notice and order under Sections 7 and 6 respectively of 'the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905)' {hereinafter 'said 1905 Act' for the sake of brevity}. To be noted, Section 7 notice is dated 03.12.2024 and Section 6 notice / order i
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 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 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 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 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 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 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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