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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.VELMURUGAN, M.JOTHIRAMAN
A.Pachaikannu – Appellant
Versus
District Collector – Respondent
| 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 w
Civil disputes involving encroachments should be resolved through appropriate civil courts as they require pleadings and evidence, not through writ jurisdiction under Article 226.
Mandamus issued for expeditious removal of encroachments on public Taluk Office land post statutory notices under Tamil Nadu Land Encroachment Act.
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....
Revenue authorities cannot initiate eviction on patta land as per survey findings; disputes should be resolved in civil courts.
Judicial review is limited to procedural compliance; title disputes should be settled in Civil Courts, not through writ petitions.
The court established that eviction proceedings must adhere to principles of natural justice, allowing encroachers to present objections before any coercive action is taken.
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.
Authorities must afford encroachers an opportunity to present their case before proceeding with enforcement action under the Tamil Nadu Land Encroachment Act.
Judicial review in writ proceedings does not cover merits unless the notice is issued by an incompetent authority, focusing on jurisdiction under the Tamil Nadu Land Encroachment Act.
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