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2025 Supreme(Mad) 5196
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
Important Points
Subject
Property Law - Land Encroachment
Act Referred
CONSTITUTION OF INDIA : Art.226
Headnote
(B) Nature of civil disputes - Court emphasized that matters requiring evidence should be resolved in appropriate civil forums rather than through writ jurisdiction. (Para 2)
Facts of the case:
Petitioners challenged orders for removal of encroachments amid ongoing civil litigation regarding the same property, having failed to obtain interim relief in the lower court.
Findings of Court:
The writ petitions were dismissed with liberty granted to seek remedies in the civil court.
Issues: The main issues were whether the dispute was amenable to writ jurisdiction given the pending civil suit.
Ratio Decidendi: The court held that civil disputes necessitate evidence and proper pleadings, which are outside the scope of Article 226 proceedings.
Result: Writ petitions dismissed.
For the Petitioner: Mr.V.Meenakshi Sundaram for Mr. S. Atham Ali
For the Respondent: Mr.P.Subbaraj Special Government Pleader
| 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.
