The High Court dismissed the writ petition challenging an eviction notice under the Tamil Nadu Land Encroachment Act, 1905, holding that the petitioner must first exhaust the statutory appeal remedy under Section 10 of the Act.
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.No.47034 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.12.2025
C O R A M
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN
W.P.No.47034 of 2025 and W.M.P.No.52554 of 2025
Dr.C.M.R.Murugan
... Petitioner
-vs-
... Respondents
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W.P.No.47034 of 2025
Prayer:
Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari, to call for the records on the file of the 3rd respondent eviction notice dated 17.11.2025 under Section 6 of the Tamil Nadu Land Encroachment Act III of 1905 and quash the same.
For Petitioner : Mr.V.Chinnasami
For Respondents : Mr.T.Arun Kumar Addl. Govt. Pleader for R1 to R3
O R D E R
(Order of the Court was made by S.M.SUBRAMANIAM,J.,)
The Writ on hand has been instituted challenging the validity of eviction notice issued under Section 6 of the Tamil Nadu Land Encroachment Act, 1905.
2. Appeal is contemplated under Section 10 of the Act and the petitioner has to exhaust the said appellate remedy, which is efficacious.
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3. Granting liberty to prefer an appeal under Section 10 of the
(S.M.S,J.,) (C.K,J.,) 08.12.2025
Index: Yes / No Internet: Yes / No dsa
To:
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W.P.No.47034 of 2025
S.M.SUBRAMANIAM, J. AND C.KUMARAPPAN, J.
dsa
W.P.No.47034 of 2025
08.12.2025
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1 issue framed by the court
Whether the writ petition is maintainable when an efficacious statutory appellate remedy is available but has not been exhausted?
3 provisions across 2 enactments
Dr.C.M.R.Murugan
The Commissioner of Land Administration, Ezhilagam, Chepuak, Chennai
The District Collector, Dharmapuri District
The Tahsildar, Pappireddipatti Taluk, Dharmapuri District
The Block Development Officer, Pappireddipatti Taluk, Dharmapuri District
The District Manager, TASMAC Ltd., Dharmapuri District
S.M. Subramaniam
C. Kumarappan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court