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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
P. Velmurugan, M. Jothiraman, JJ.
A.Pachaikannu - Petitioner
Versus
The District Collector - Respondent
W.P.(MD) Nos.36873, 36874, 36875, 36876, 36877, 36878, 36879 & 36880 of 2025 and W.M.P.(MD) Nos.29319, 29321, 29320, 29322, 29323, 29325, 29327, 29329, 29324, 29326, 29328, 29333, 29330, 29331, 29332 & 29334 of 2025
Decided On : 26-12-2025
| Table of Content |
|---|
| 1. challenge to encroachment orders (Para 1) |
| 2. suit pending; issue not suitable for writ (Para 2) |
| 3. writ petitions dismissed; remedy in civil court (Para 3) |
ORDER :
P. VELMURUGAN, J.
These writ petitions have been filed challenging the orders dated 25.11.2025, passed by the third respondent, under Section 6 of the Tamil Nadu Land Encroachment Act, 1905, directing removal of encroachments in the subject land within fifteen days and the consequential notices dated 19.12.2025, issued by the third respondent, directing the parties to take their belongings from the subject land as the encroachments in the subject land are going to be removed by 22.12.2025.
2. A perusal of the records shows that already a suit in O.S.No.36 of 2025 has been filed in respect of the subject property and the same is pending on the file of the District Munsif Court, Kadaladi. Since the petitioners are unable to get any interim orders in their favour in the pending suit, they have approached this Court by filing the present writ petitions. Since the dispute is civil in nature and requires pleadings and evidence, and since the facts must be proved by leading evidence, the same cannot be decided in writ proceedings under Article 226 of the Constitution of India. Therefore, these writ petitions are liable to be dismissed.
3. Accordingly, these writ petitions are dismissed. However, liberty is granted to the petitioners to work out their remedy in the manner known to law before the Civil Court in the pending suit. No costs. Consequently, connected miscellaneous petitions are closed.
Civil disputes involving encroachments should be resolved through appropriate civil courts as they require pleadings and evidence, not through writ jurisdiction under Article 226.
Court upheld that the petitioner's remedy lies with the appellate authority under the Tamil Nadu Land Encroachment Act, 1905.
A show cause notice under the Tamil Nadu Land Encroachment Act does not justify a writ proceeding; the petitioner may submit explanations for the competent authority's consideration before any enforc....
Courts may dispose writ petitions with directions to authorities after initiation of eviction proceedings.
The court upheld the validity of removal orders under the Tamil Nadu Land Encroachment Act, confirming that proper procedure was followed in providing notice and opportunity for the petitioners to re....
Voluntary removal of encroachment moots challenge to notice under Tamil Nadu Land Encroachment Act.
Authority to remove encroachments under the Tamil Nadu Land Encroachment Act, reaffirmed by procedural directions in a writ petition.
Revenue authorities cannot initiate eviction on patta land as per survey findings; disputes should be resolved in civil courts.
A writ petition challenging an eviction order is not maintainable if the petitioner has alternative statutory remedies available.
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