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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
A.D.Maria Clete, S.M.Subramaniam
K.Krishnan – Appellant
Versus
District Collector, Trichy District – Respondent
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.
Writ petition dismissed for not exhausting statutory appeal remedy under Section 10 of Tamil Nadu Land Encroachment Act.
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.
Authorities must wait for the reply under Section 7 before passing an order under Section 6 of the Tamil Nadu Land Encroachment Act, 1905.
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 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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