A.Baskaran Vs The Revenue Tahsildar — Writ and Judicial Review | Madras HC (2025)

A.Baskaran Vs The Revenue Tahsildar — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Writ petitions disposed of with preservation of the right to file statutory appeals under Section 10 of the Tamil Nadu Land Encroachment Act, 1905 within 17 days from upload of the order, accompanied if so chosen by stay petitions under Section 10-B to be decided by the Appellate Authority on merits within four weeks; coercive action subject to the outcome of the stay petitions; failing an appeal within 17 days, the State may give effect to the impugned orders in accordance with law; connected Writ Miscellaneous Petitions closed; no order as to costs.

Issue for consideration

Whether the writ petitions challenging the Section 7 notices dated 02.08.2022 and Section 6 eviction orders dated 07.09.2022 under the Tamil Nadu Land Encroachment Act, 1905 are entertainable despite the availability of an alternative statutory appeal under Section 10 of the Act. +1 more

Court's answer

An effective and efficacious alternative remedy of appeal being available under Section 10 of the 1905 Act and not having been availed, the writ petitions directly approaching this Court are not entertainable.

Ratio / Principle

Tested on the touchstone of the Girnar principle, the Tamil Nadu Land Encroachment Act, 1905 is a self-contained code providing a complete three-tier machinery - show cause under Section 7, eviction order under Section 6, statutory appeal under Section 10 to the District Collector, revision under Section 10-A to the Government, and interim relief/stay under Section 10-B - to deal with encroachments on Government lands, with no or at highest minimal dependence on other legislations.

Key takeaways

The captioned writ petitions stand disposed of with preservation of the petitioners' rights to file appeals under Section 10 of the 1905 Act within 17 days from upload of the instant order; if such appeals are filed with stay petitions under Section 10-B, the Appellate Authority shall consider them on merits and in accordance with law within four weeks.ratio¶52
Any coercive action shall be subject to the outcome of stay petitions filed under Section 10-B of the 1905 Act; in the event no appeal is filed within 17 days, the State is at liberty to give effect to the impugned orders in accordance with law.ratio¶52

Detailed headnote1 paragraphs

Madras High Court, common order dated 18.07.2025 in W.P.Nos.26021, 26023 & 26026 of 2022 (authored by Hemant Chandangoudar J.; coram: M.Sundar and Hemant Chandangoudar JJ.). Three sibling petitioners (A.Baskaran, A.Radhakrishnan, A.Selvaraj - sons of Appavu) challenged, under Article 226 by way of Certiorarified Mandamus, notices dated 02.08.2022 under Section 7 and eviction orders dated 07.09.2022 under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905) issued by the Revenue Tahsildar concerning Natham S.No.179/1 parcels in Theerthanagiri Village, Kurinjipadi Taluk. Following the Girnar principle (Girnar Traders (3) v. State of Maharashtra, (2011) 3 SCC 1), as earlier applied by this Court in C.Gopinathan (2025:MHC:1162), the Bench held the 1905 Act to be a self-contained code supplying a complete three-tier machinery: Section 7 show cause, Section 6 eviction order, Section 10 statutory appeal to the District Collector, Section 10-A revision to the Government, and Section 10-B interim relief pending appeal/revision, the revisional order remaining subject to judicial review. An effective alternative remedy being available and unavailed, the writ petitions were held not entertainable. They were disposed of preserving the petitioners' right to appeal under Section 10 within 17 days of upload, with Section 10-B stay petitions to be decided by the Appellate Authority on merits within four weeks; coercive action is subject to those stay petitions, and failing an appeal within 17 days the State may enforce the impugned orders. Connected WMPs closed; no order as to costs.