Dismissed¶30

A.Dass v. The District Collector

Madras HC13 Jun 2025WP(MD)/15990/2025

Case brief

AI extract

What is this about?

Maintainability of writ petition against interdepartmental proceedings between Tahsildar and Inspector of Police; alternative statutory remedy - pending appeal under Section 10, Tamil Nadu Land Encroachment Act, 1905; Sections 6 and 7 TN Land Encroachment Act - encroachment notice and eviction order; certiorari under Article 226 refused; interim relief to be sought before appellate authority; Madurai Bench of Madras High Court; Sivagangai District / Ilayangudi Taluk; writ petition dismissed, no costs.

What did the court decide?

No relief granted; writ petition dismissed with no order as to costs and the connected miscellaneous petition closed; petitioner left at liberty to seek interim orders before the competent appellate authority. ¶30

A.Dass Vs The District Collector — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the writ petition challenging the interdepartmental proceedings between the Tahsildar and the Inspector of Police is maintainable while the petitioner's appeal under Section 10 of the Tamil Nadu Land Encroachment Act, 1905 is pending.

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Court's answer

Interdepartmental proceedings would not provide any cause for institution of writ proceedings.

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Ratio / Principle

During the pendency of the appeal under Section 10 of the Act, no writ petition is entertained, more specifically challenging the interdepartmental proceedings issued by the Tahsildar and the Inspector of Police.

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Key takeaways

The petitioner appears to be an encroacher; a notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 was issued affording opportunity to submit explanation, and an order under Section 6 of the Act was passed.ratio¶24
The petitioner is at liberty to file an interlocutory application seeking any interim order before the competent appellate authority.ratio¶29

Detailed headnote1 paragraphs

Writ of Certiorari under Article 226 of the Constitution of India - challenge to interdepartmental proceedings dated 26.05.2025 between the Tahsildar, Ilaiyangudi and the Inspector of Police, Ilaiyangudi (order in Na.Ka.A1/272/2020) - petitioner described as an encroacher; notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 issued and order under Section 6 of the Act passed - appeal under Section 10 of the Act pending - Held: interdepartmental proceedings would not provide any cause for institution of writ proceedings; during the pendency of the statutory appeal no writ petition is entertained against such interdepartmental proceedings; petitioner at liberty to file an interlocutory application for interim orders before the competent appellate authority - writ petition dismissed, no costs; connected miscellaneous petition closed.

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W.P(MD)No.15990 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 13.06.2025

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CORAM:

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THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN

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W.P(MD)No.15990 of 2025 and W.M.P.(MD) No.12094 of 2025

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A.Dass ... Petitioner

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The District Collector, Office of the District Collector, Sivagangai District, Sivagangai.

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The Tahsidlar, Office of the Tahsildar, Ilayangudi Taluk, Sivagangai District.

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The Regional Deputy Tahsildar, Office of the Regional Deputy Tahsildar, Ilayangudi Taluk, Sivagangai District. ... Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari calling for the entire records connected with the order passed by the second respondent in Na.Ka.A1/272/2020 dated 26.05.2025 and quash the same.

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.15990 of 2025

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For Petitioner : Mr.S. Malaikani,

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For Respondents : Mr.S.P.Maharajan Special Government Pleader

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O R D E R

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[Order of the Court was made by S.M.SUBRAMANIAM, J.]

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The interdepartmental proceedings between the Tahsildar, Ilaiyangudi and the Inspector of Police, Ilaiyangudi, dated 26.05.2025 is under challenge in the present writ proceedings.

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Such interdepartmental proceedings would not provide any

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cause for institution of writ proceedings.

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3.In the present case, the petitioner appears to be an encroacher.

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The notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 was issued by affording opportunity to the encroacher to submit his explanation and an order under Section 6 of the Act was passed.

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.15990 of 2025

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The learned counsel for the petitioner would submit that he preferred an appeal under Section 10 of the Act and it is pending.

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5.The petitioner is at liberty to file an interlocutory application seeking any interim order before the competent appellate authority. However, during the pendency of the appeal no writ petition is entertained, more specifically challenging the interdepartmental proceedings issued the Tahsildar and the Inspector of Police.

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6.With the above observations, the writ petition stands dismissed.

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There shall be no order as to costs. Consequently, the miscellaneous petition is closed.

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[S.M.S., J.] [G.A.M., J.] 13.06.2025

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Index:Yes/No Internet:Yes/No NCC:Yes/No

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3/5

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