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2025 Supreme(Mad) 4489
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
Important Points
Subject
Property Law - Land Encroachment
Act Referred
Headnote
Facts of the case:
The writ petitions were filed challenging notices under Sections 6 and 7 of the Tamil Nadu Land Encroachment Act, 1905, without exhausting the available remedy of appeal under Section 10.
Findings of Court:
The court found that the petitioners should first utilize the alternative remedy of appeal before the appropriate authority.
Issues: The main issue was whether the petitioners can file writ petitions without exhausting the alternative appeal remedy provided.
Ratio Decidendi: The court ruled that the existence of an alternative remedy requires litigants to seek relief through that channel before approaching the court, leading to the dismissal of the writ petitions.
Result: Writ petitions dismissed.
Advocate Appeared:
For the Petitioner: Mr.M.Saravanan
For the Respondent: Mr.S.P.Maharajan, Special Government Pleader
| 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.
