This is an order dismissing a writ petition challenging an order under the Tamil Nadu Land Encroachment Act, 1905. The court held that the appeal remedy under Section 10 must be exhausted first and refused to intervene.
Writ Petition dismissed with liberty to prefer an appeal under Section 10 of the Act. Connected miscellaneous petition closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.(MD) No.1380 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 23.01.2024
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
AND
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.P.(MD)No.1380 of 2024 and W.M.P.(MD)No.1426 of 2024
Lakshmi
... Petitioner
-Vs-
1.The District Collector, Collectorate, Madurai.
2.The Tahsildar, Kallikudi Taluk, Madurai District.
3.The President, Villur Panchayat, Kallikudi Taluk, Madurai District. ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records pertaining to the 2nd respondent notice, dated 30.11.2023 issued to the petitioner to demolish the compound wall and quash it as illegal.
Page 1 of 4
W.P.(MD) No.1380 of 2024
For Petitioner : Mr.K.K.Samy For R1 & R2 : Mr.S.P.Maharajan, Special Government Pleader For R3 : Mr.N.GA.Natraj, Government Advocate
ORDER
[Order of the Court was made by D.KRISHNAKUMAR, J. ]
The order passed under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 (hereinafter referred to as 'the Act') is under challenge in the present Writ Petition.
2.Section 6 order under the Act is appealable under Section 10 of the Act. Without exhausting the appeal remedy, the petitioner has filed this Writ Petition. Therefore, we are not inclined to entertain this Writ Petition. Accordingly, this Writ Petition is dismissed with liberty to the petitioner to prefer an appeal before the competent authority. No costs. Consequently, connected miscellaneous petition is closed.
[D.K.K., J.] & [R.V., J.] 23.01.2024
NCC : Yes / No Index : Yes / No Internet : Yes / No
Yuva
Note: Registry is directed to return the original impugned order to the petitioner, after obtaining xerox copy of the same.
Page 2 of 4
W.P.(MD) No.1380 of 2024
To
Page 3 of 4
W.P.(MD) No.1380 of 2024
D.KRISHNAKUMAR, J. AND R.VIJAYAKUMAR , J.
Yuva
W.P.(MD)No.1380 of 2024
23.01.2024
Page 4 of 4
1 issue framed by the court
Whether the High Court should entertain the Writ Petition before the statutory appeal remedy is exhausted.
Lakshmi
The District Collector, Collectorate, Madurai
The Tahsildar, Kallikudi Taluk, Madurai District
The President, Villur Panchayat, Kallikudi Taluk, Madurai District
D.KRISHNAKUMAR
R.VIJAYAKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
