Petitioner challenged non-dismissal of his appeal against a notice under the Land Encroachment Act by seeking writ of mandamus. Court held statutory remedy under Section 10 was not exhausted and dismissed the petition.
Writ of mandamus directing second respondent to pass orders was denied.
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W.P.No.27875 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.10.2022
CORAM
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR
Writ Petition No.27875 of 2022
P.C.Abraham
.. Petitioner
Vs.
Prayer: Writ Petition under Article 226 of the Constitution of India praying for a writ of Mandamus directing the second respondent to pass orders on the appeal of the petitioner dated 05.09.2022.
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W.P.No.27875 of 2022
For the Petitioner : Mr.S.Gunaseelan For the Respondents : Mr.J.Ravindran Additional Advocate General Assisted by Mr.A.Selvendran Special Government Pleader
ORDER
(Made by the Hon'ble Acting Chief Justice)
This writ petition has been filed seeking a direction to the second respondent to pass orders on the appeal of the petitioner dated 05.09.2022.
W.P.No.27875 of 2022
under Section 6 of the Act, he ought to have availed the statutory remedy of appeal to the District Collector provided under Section 10 of the Act, instead of approaching the second respondent Tahsildar.
Court, without filing an appeal before the first respondent District Collector against the notice issued under Section 6 of the Act, we are unable to grant the relief as prayed by the petitioner. Accordingly, the writ petition fails and the same is dismissed. There will be no order as to costs. Consequently, WMP No.27168 of 2022 is also dismissed.
(T.R., ACJ.) (D.K.K., J.) 19.10.2022
Index : Yes/No
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To
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W.P.No.27875 of 2022
T.RAJA, ACJ, and D.KRISHNAKUMAR,J
(kpl)
W.P.No.27875 of 2022
19.10.2022
Page 4 of 4
1 issue framed by the court
Whether a writ of mandamus can issue when the petitioner failed to exhaust statutory remedy by appealing to the District Collector under Section 10 of the Land Encroachment Act against a notice under
4 provisions across 2 enactments
P.C.Abraham
District Collector Nilgiris District
Tahsildar Gudalur
Revenue Inspector Gudalur Nilgiris District
TRAJA
DKRISHNAKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
