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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
S.M.Subramaniam, A.D.Maria Clete, JJ.
K.Krishnan - Petitioner
Versus
The District Collector, Trichy District – Respondent
W.P.(MD) Nos.14551 & 14608 of 2025 and W.M.P.(MD) Nos.10776, 10778, 10823 & 10828 of 2025
Decided On : 10-07-2025
| Table of Content |
|---|
| 1. challenge to notice under the tamil nadu land encroachment act. (Para 1) |
| 2. right to appeal as an alternative remedy. (Para 2) |
| 3. dismissal of writ petitions. (Para 3) |
ORDER :
S.M.SUBRAMANIAM, J.
These writ petitions have been instituted challenging the notice issued under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 and the final notice issued under Section 6 of the said Act.
2. The final notice issued under Section 6 of the Tamil Nadu Land Encroachment Act, 1905, is susceptible to an appeal under Section 10 of the said Act. Without exhausting the said alternative remedy of appeal, the petitioners have filed the present writ petitions. Therefore, the petitioners are granted liberty to prefer an appeal before the authority concerned under Section 10 of the Tamil Nadu Land Encroachment Act, 1905 and work out their remedy in accordance with law.
3. Granting such liberty to the petitioners, the present writ petitions are dismissed. No costs. Consequently, connected miscellaneous petitions are closed.
Litigants must exhaust alternative remedies provided by law before resorting to writ petitions, as per the Tamil Nadu Land Encroachment Act, 1905.
The right to appeal is preserved under Section 10 of the Tamil Nadu Land Encroachment Act, 1905, subsequent to the issuance of a final notice.
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.
A writ petition challenging a notice is not maintainable after availing statutory remedies through an appeal.
Court upheld that the petitioner's remedy lies with the appellate authority under the Tamil Nadu Land Encroachment Act, 1905.
Judicial intervention is unnecessary when the issue at hand, such as land encroachment, has already been resolved, as per statutory provisions.
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.
Procedural compliance under the Tamil Nadu Land Encroachment Act is mandatory, and failure to issue a requisite prior notice invalidates subsequent actions taken by authorities.
Authorities must enforce removal of identified encroachments on government poramboke land under Tamil Nadu Land Encroachment Act, 1905.
The Tamil Nadu Land Encroachment Act mandates that appeals against encroachment notices must be filed before the District Collector, not the Revenue Divisional Officer.
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