A writ petition is not maintainable against eviction orders under the Land Encroachment Act when an alternative efficacious statutory remedy, such as a revision before the Commissioner of Land Administration, has not been exhausted.

PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned order of 2nd respondent in Moo.Mu.A1/3224/2025 dated 23.02.2026 confirmed by consequential impugned order of 1st respondent in Na.Ka No.E4/26590/2025 dated 13.03.2026, quash the same and consequently forbear the respondents herein from in any manner interfering with the possession and enjoyment of petitioner in Survey No.428/25, Paruthiyur Village, Puliyal Post, Devakottai Taluk, Sivagangai District, in view of registered title deed dated 30.08.1897.

For Petitioner : Mr.B.Muruganandam

For Respondents : Mr.M.S.Parthiban (R1 to R6)

Counsel for the State

ORDER

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

Challenging the order of the District Collector dismissing the appeal filed as against the order of eviction under Section 6 of the Land Encroachment Act, the present writ petition is filed.

2.Mr.M.S.Parthiban, learned Counsel for the State, accepts notice for the respondents 1 to 6. Considering the nature of the order proposed to be passed in this writ petition notice to the private respondent is dispensed with.

3.By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

4.The contention of the petitioner is that the subject property is classified as natham land and the petitioner is in occupation of the said lands for years together. Whileso, all of a sudden, stating that the petitioner has made an encroachment in the lanes in Survey No.428/25, the eviction proceedings has been initiated as against the petitioner.

5.Challenging the eviction proceedings, the petitioner preferred a statutory appeal before the competent authority. Aggrieved by the dismissal of the appeal and the consequential eviction proceedings, the petitioner has approached this Court by filing the present writ petition seeking appropriate relief.

6.Heard the learned counsel appearing on either side and perused the materials placed on record.

7.Admittedly, the appeal filed by the petitioner as against the order of eviction has been dismissed by the District Collector. As against the said order of dismissal there is an alternative revisional remedy before the Commissioner of the Land Administration.

8.In view of the above, we are not inclined to entertain this writ petition. Accordingly, this writ petition is dismissed. The petitioner is at liberty to file an appeal along with the stay application within a period of 30 days from today (ie., 09.06.2026) before the Commissioner of the Land Administration. Till such time, no coercive steps shall be taken by the respondents as against the petitioner. It is also made clear that if no revision is filed within the time stipulated, the respondents shall proceed further in accordance with law. Consequently, connected miscellaneous petitions are closed. There shall be no order as to costs.