IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.SUNDAR, K.RAJASEKAR, JJ
Haripriya, Wife of K. Jagadeeshwaran – Appellant
Versus
Tahsildar Tambaram Taluk, Tambaram – Respondent
ORDER :
(M. SUNDAR, J.)
Subject matter of captioned main writ petition is land comprised in 'S.No.206/1 [admeasuring 0.10.00 hectares.ares] at No.17, Agaramthen Village, Tambaram Taluk, Chengalpattu District' [hereinafter 'said land' for the sake of brevity and convenience].
2. Captioned writ petition has been filed assailing an 'order dated 31.12.2024 bearing reference
made by R1' [hereinafter 'impugned order' for the sake of convenience and clarity]. To be noted, impugned order has been made by R1 in exercise of powers under Section 6 of 'The Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905)' {hereinafter 'said 1905 Act' for the sake of brevity, convenience and clarity}.
3. Mr.K.Sakthivel, learned counsel for writ petitioner submitted that the impugned order is completely without jurisdiction as according to him said land is private land.
4. Issue notice.
5.Mr.M.S.Arasa Kumar, learned Government Advocate accepts notice for both the respondents and submits on instructions that said land is 'punjai tharisu' and there are other alleged encroachers, who are also covered by the impugned order and other encroachers have preferred statutory appeals under Section 10 of said



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 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 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 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 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 is a self-contained code allowing for a structured process regarding encroachments and appeals, ensuring rights preservation for all parties involved.
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 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 Tamil Nadu Land Encroachment Act is a self-contained code that mandates a response to a show cause notice before any removal proceedings can be concluded.
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