Jeyaraj vs The District Collector Virudhunagar District, Virudhunagar

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2026 Supreme(Online)(Mad) 25682

IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SATHISH KUMAR, M.JOTHIRAMAN, JJ
Jeyaraj – Appellant
Versus
The District Collector Virudhunagar District, Virudhunagar – Respondent
W.P.(MD)No.8533 of 2026|W.M.P(MD)No.6920 of 2026

Important Points

Writ petition not maintainable if alternative statutory revision remedy available under land encroachment laws.

Subject

Civil - Writ Petition

Act Referred

Tamil Nadu Land Encroachment Act: S.10, S.10-A

Headnote

The petitioner challenged an order passed under Section 10 of the Tamil Nadu Land Encroachment Act, 1905. Essential facts involve an appeal against encroachment proceedings dismissed by the District Collector. The court found an alternative remedy available under Section 10-A. The issue framed was whether direct writ intervention was appropriate given statutory remedies. The ratio decidendi emphasized exhaustion of alternative remedies before invoking writ jurisdiction under Article 226. The writ petition was disposed of with directions to file revision within two weeks, restraining respondents from further action meanwhile.

Advocates:
For the Appellants/Petitioners: Mr.M.Ramachandran
For the Respondents: Mr.J.Ashok Additional Government Pleader, Mr.A.Kannan Additional Government Pleader

Table of Content
1. alternative revision remedy available under section 10-a. (Para 1 , 2)
2. writ disposed directing timely revision filing. (Para 3)

(Order of the Court was made by N.SATHISH KUMAR, J.)

The writ petition has been filed by the petitioner challenging the order passed by the first respondent on 15.12.2025 in the appeal filed under Section 10 of the Tamil Nadu Land Encroachment Act.

2. It is noted that an alternative remedy is available to the petitioner, namely the filing of a revision before the competent authority under Section 10-A of the Land Encroachment Act.

3. In light of the above, the petitioner is directed to file the necessary revision before the competent authority and seek an interim order. The revision must be filed within two weeks from the date of receipt of a copy of this order. Until such time, the respondents shall not take any further action in the matter. If the revision is filed within the prescribed period, it shall be open to the petitioner to seek appropriate relief from the competent authority.

4. With the above direction, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.