A writ petition is not maintainable to challenge an encroachment notice if the petitioner has an efficacious alternative remedy (appeal or civil suit) and has previously provided an undertaking to the authorities to remove the encroachment.

PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned letter in Na.Ka.No.A2/205/2025 dated 11.08.2026 sent by the second respondent to the third respondent and quash the same as illegal and to direct the second and third respondents not to take any action of this notice.

For Petitioner : Ms.N.Juliet Latha

For R-1 & R-3 : Mr.M.Mahaboob Athiff, Special Government Pleader

For R-2 : Mr.M.S.Parthiban, Government Advocate

ORDER

(Order of the Court was made by M.DHANDAPANI.J.)

This writ petition has been filed seeking to quash the impugned letter in Na.Ka.No.A2/205/2025 dated 11.08.2026 sent by the second respondent to the third respondent as illegal and consequently, to direct the respondents 2 and 3 not to take any further action pursuant thereto.

2. Mr.M.Mahaboob Athiff, learned Special Government Pleader, takes notice for the respondent Nos.1 and 3 and Mr.M.S.Parthiban, learned Government Advocate, takes notice for the second respondent.

3. The learned counsel appearing for the petitioner would submit that the petitioner is the owner of the subject property comprised in Survey No.313/2. However, inadvertently, the respondents have proceeded on the premise that the petitioner had encroached upon a portion of the property comprised in Survey No. 313/3. It is submitted that there is no encroachment by the petitioner upon the existing road, which is being used by the general public.

4. The learned counsel appearing for the petitioner would further submit that the petitioner has challenged Form-VI notice issued by the respondents and has already approached the concerned authorities. He would further submit that, in view of the undertaking given by the petitioner to remove the alleged encroachment, this Court may grant liberty to the petitioner to approach the competent Civil Court for appropriate relief.

4. The learned Special Government Pleader appearing for the respondent Nos.1 and 3 would submit that the impugned notice was issued as early as on 07.05.2025, whereas the present writ petition has been filed only on 28.08.2026. It is further submitted that the petitioner herself had given an undertaking before the respondents that she would remove the alleged encroachment within a period of one week. Accordingly, the learned Special Government Pleader would submit that the respondents may be permitted to proceed in accordance with law.

5. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader and the learned Government Advocate appearing for the respondents and perused the materials available on record.

6. Considering the facts and circumstances of the case, this Court is of the view that the impugned notice is not amenable to challenge in the present writ petition. The petitioner has an efficacious alternative remedy either by way of an appeal, if so provided under law, or by approaching the competent Civil Court for appropriate relief. It is also brought to the notice of this Court that the petitioner had already given an undertaking before the respondents for removal of the alleged encroachment. Without expressing any opinion on the merits of the rival claims, this Court is inclined to grant liberty to the petitioner to work out her remedy in the manner known to law.

7. However, considering the request made by the learned counsel appearing for the petitioner, the respondents shall not take any coercive steps against the petitioner for a period of two weeks from the date of receipt of a copy of this order. This order shall not preclude the petitioner from approaching the competent forum and seeking appropriate relief in accordance with law.

8. Accordingly, this writ petition stands dismissed. No costs. Consequently, the connected miscellaneous petition is closed.