O R D E R

[Order of the Court was made by S.M.SUBRAMANIAM, J.]

The relief sought for in the present writ petition is to direct the third respondent not to demolish the residential building bearing Door No. 6A/4, Old Ward No.10, new Ward No.11, having extent of 797 sq.ft., Uthamapuram Village, near Check post, Cumbum, Cumbummettu,

Uthamapalayam Taluk, Theni District, under the guise of eviction process and to forbear the respondents from interfering with the petitioner's peaceful possession and enjoyment of the subject property.

2. Negative prayer, as such, sought for in this writ petition cannot be granted and if at all the petitioner claims any civil right, it is to be established before the Civil Court. If the petitioner is found to be an encroacher of a public land or unauthorized constructions are made, the same is to be dealt with in accordance with law.

3. The issue regarding removal of encroachment has been decided by this Court vide order dated 12.10.2023 in W.P.(MD)No.24679 of 2023 and the relevant paragraphs are extracted hereunder:-

“4.The Government originally issued G.O.(Ms)No.

540, Revenue [LD6(2)] Department, dated 04.12.2014 and formed committees to dispose of the grievances relating to the eviction of encroachment in Government lands. The said Government Order was issued pursuant to the order of the High Court of Madras in W.P.No.26722 of 2013 dated 08.10.2014. Subsequently, the Division Bench of Madras High Court at Madurai Bench in W.P.(MD)No.

15917 of 2015, dated 02.09.2015 passed an order. Superseding earlier Government Order issued in G.O. (Ms)No.540, recently, the Government issued G.O.(Ms)No. 64, Revenue and Disaster Management Department, Land Disposal Wing, 'LD.6(2)' Section, dated 08.02.2022. Monitoring Committees are constituted. The Divisional Monitoring Committee has been constituted appointing Revenue Divisional Officer concerned as Chairperson / Convenor along with members. The District Monitoring Committee has been constituted appointing District Collector concerned as Chairperson along with members. The State Steering Committee is constituted headed by the Chief Secretary to Government along with members from various departments including Police and Highways Department. The Committee will convene once in a month and the issues will be taken up for discussion along with all Secretaries Meeting. The Committees constituted by the Government are expected to act in a meaningful manner, so as to redress the grievance of the aggrieved persons sending representations to remove the encroachments from Highways, water bodies and Government Poramboke lands etc.

5.Writ petitions filed challenging the show cause notices are not entertainable, unless such show cause notices have been issued by an incompetent authority having no jurisdiction or tainted with the allegation of mala fides. Persons, receiving show cause notices regarding removal of encroachments, are at liberty to submit their objections / explanations along with the documents, if any, enabling the competent authority to decide the issues on merits and in accordance with law and proceed thereafter.

6.If any person is aggrieved by the final order passed under the relevant statute, he may prefer an appeal before Appellate Authority under the Act. The appeal remedy contemplated under the enactment, at no circumstances, be undermined. Such appeal remedy is contemplated by the legislators in order to verify the correctness of the orders passed by the original authority. Thus, the Rule is to exhaust the alternate appeal remedy before approaching the Court of law and dispensing with the appeal remedy / statutory remedy is an exception. By entertaining Writ Petitions before exhausting the alternative appeal remedy / statutory remedy, the right of appeal of the aggrieved person is denied, more so, the rights of the other parties is also prejudiced. Thus, the importance of exhausting the alternative appeal remedy, at no circumstances, be neutralized or compromise