Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(Mad) 49350

IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. Sathish Kumar, M. Jothiraman, JJ
Karuppasamy – Appellant
Versus
District Collector – Respondent
W.P(MD)No.15865 of 2026|WMP(MD)Nos.11878 and 11879 of 2026

Advocates:
For the Appellants/Petitioners: N. Rajasekar
For the Respondents: M. S. Parthiban

A writ petition challenging an order passed under the Tamil Nadu Land Encroachment Act, 1905 is not maintainable when an appeal against the same order is already pending before the statutory appellate authority.

Headnote:The present petition is filed under Art. 226 of the Constitution of India challenging an eviction order issued under S. 6 of the Tamil Nadu Land Encroachment Act, 1905. The petitioners allege that the eviction was initiated without a proper land survey to ascertain the status of encroachment. The Court observed that an appeal against the impugned order had already been filed by the petitioners before the District Collector under S. 10 of the Act and hence the writ petition was not maintainable. The primary issue concerns the maintainability of a writ petition when an appellate remedy under the governing statute is already being pursued. The Court reasoned that the petitioner’s grievance regarding the lack of survey should be addressed during the appellate proceedings before the statutory authority. The Writ Petition is disposed of with a direction to the appellate authority to consider the petitioners' contentions and complete the appeal process within two months, including conducting a survey if necessary.

Table of Content
1. non-maintainability of writ petitions due to pending statutory appeals. (Para 1 , 2 , 3)
2. court’s discretion to direct the appellate authority to resolve factual grievances during pending appeals. (Para 4 , 5 , 6)

PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order in Na.Ka.A5/7841/2025 dated 27.05.2026 issued by the 2nd respondent under section 6 of the Tamil Nadu Land Encroachment Act, 1905 as illegal and quash the same and consequently direct the 2nd respondent to conduct survey of Public pathway in S.No.37/5 and adjoining Survey Nos.37/40 and 37/41 situated at Keelamudhukalathur Group Village, Mudhukalathur Taluk, Ramanathapuram District, in the presence of the petitioners after due notice within time frame fixed by this court.

For Petitioner : Mr.N.Rajasekar

For Respondents : Mr.M.S.Parthiban

Counsel for State

ORDER

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

WMP(MD)No.11878 of 2026 filed to permit the petitioners to join together and file a single writ petition, is ordered.

2. Challenging the order passed under Section 6 of the Tamilnadu Land Encroachment Act, 1905, this writ petition is filed.

3. Perusal of record indicates that against the impugned order, an appeal is already filed by the petitioner before the District Collector under Section 10 of the Act. Such being the position, we are of the view that this writ petition is not maintainable.

4. Learned counsel for the petitioner would submit that the order of eviction has been passed without conducting a proper survey. Therefore, if the survey is directed to be conducted, whether petitioner is the actual encroacher or not will come to light.

5. We are of the view that the said contention can always be raised before the District Collector in the pending appeal. If such contention is raised, the District Collector may direct the authorities to conduct survey and then dispose of the appeal in accordance with law. Such an exercise shall be completed within a period of two months from the date of receipt of a copy of this order.

6. With the above direction, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

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2026 Supreme(Online)(Mad) 49350

IN THE HIGH COURT OF JUDICATURE AT MADRASN. Sathish Kumar, M. Jothiraman, JJKaruppasamy – AppellantVersusDistrict Collector – RespondentW.P(MD)No.15865 of 2026|WMP(MD)Nos.11878 and 11879 of 2026

A writ petition challenging an order passed under the Tamil Nadu Land Encroachment Act, 1905 is not maintainable when an appeal against the same order is already pending before the statutory appellate authority.

IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. Sathish Kumar, M. Jothiraman, JJ
Karuppasamy – Appellant
Versus
District Collector – Respondent
W.P(MD)No.15865 of 2026|WMP(MD)Nos.11878 and 11879 of 2026