Disposed

Vignesh v. The District Collector

Madras HC30 Jan 2025WP(MD)/2556/2025

Case brief

AI extract

What is this about?

The writ petition challenged an eviction notice under the Tamil Nadu Land Encroachment Act. The Court held that since a statutory appeal lies to the District Collector, the writ was not maintainable. The petition was disposed of by granting liberty to file an appeal and staying coercive action.

What did the court decide?

Liberty granted to file an appeal under Section 10 of the Act within one week; coercive action to disturb possession stayed pending appeal.

Vignesh Vs The District Collector — Land Acquisition | Madras HC (2025)

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W.P.(MD)No.2556 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED:30.01.2025

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CORAM:

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THE HONOURABLE MR.JUSTICE M.S.RAMESH

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and

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THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE

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W.P.(MD)No.2556 of 2025

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and

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W.M.P.(MD)No.1805 of 2025

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Vignesh : Petitioner

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Vs.

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1.The District Collector,

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District Collectorate Office,

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Madurai District.

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2.The Thasildar,

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Peraiyur Taluk,

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Madurai District.

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3.The Revenue Inspector,

Athipatti Firka,

Peraiyur Taluk,

Madurai District.

4.Muthukonappan

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W.P.(MD)No.2556 of 2025

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5.Sudhadevi

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: Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorari, to call for the records of impugned order passed by the second respondent dated 10.01.2025 and quash the

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same.

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For Petitioner : Mr.V.S.Ariharasudhan

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For Respondents 1 to 3 : Mr.S.Shaji Bino

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Special Government Pleader

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O R D E R

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

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By consent of both sides, the writ petition itself is taken up for

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final disposal at the stage of admission itself.

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2. Challenging the impugned notice of the 2^nd respondent dated

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10.01.2025, the petitioner is before this Court.

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3. After issuance of a notice under Section 7 of 'the Tamil Nadu

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Land Encroachment Act, 1905' (hereinafter referred to as 'the Act') dated

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21.05.2024, calling for the petitioner's objections, proposed action of

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W.P.(MD)No.2556 of 2025

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removing of the encroachment, an order under Section 6 of the Act dated 20.09.2024, has been issued.

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4. As against an order of eviction passed under Section 6 of the

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Act, an appeal remedy is provided for under Section 10 of the Act to the District Collector.

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5. When the Act provides for an effective appeal remedy before the District Collector against order under Section 6, it would not be appropriate to entertain the present writ petition, which challenges the Section 6 notice. Hence, we are of the view that an opportunity can be given to the petitioner to avail the statutory remedy and protect his possession till such time.

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6. In the light of the above observation, the petitioner is granted

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liberty to file an appeal before the first respondent District Collector under Section 10 of the Act, within a period of one [1] week from the date of receipt of a copy of this order. Till such time, the respondents shall not take any coercive action to disturb the petitioner's possession over the subject land.

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W.P.(MD)No.2556 of 2025

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7. Accordingly, the Writ Petition stands disposed of. There shall

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be no order as to costs. Consequently, the connected Miscellaneous Petition is closed.

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[M.S.R.,J.] & [A.D.M.C.,J.]

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30.01.2025

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Neutral Citation : Yes/No Index : Yes/No Internet : Yes/No MR

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W.P.(MD)No.2556 of 2025

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1.The District Collector, District Collectorate Office, Madurai District.

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2.The Thasildar, Peraiyur Taluk,

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Madurai District.

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3.The Revenue Inspector, Athipatti Firka, Peraiyur Taluk,

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Madurai District.

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W.P.(MD)No.2556 of 2025

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M.S.RAMESH, J.

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and

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A.D.MARIA CLETE, J.

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ORDER MADE IN W.P.(MD)No.2556 of 2025

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30.01.2025

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Vignesh v. The District Collector

Case brief

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What did the court decide?

Vignesh v. The District Collector

Case brief

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