Yuvaraj v. The Tahsildar
2025:MHC:2793
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02-12-2025
CORAM
THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN
1. YUVARAJ Petitioner(s) Vs
1. The Tahsildar Avinashi Taluk, Avinashi, Tiruppur District- 641 654.
2.The Land Revenue Inspector Perumanallur Firka, Avinashi Taluk, Tiruppur District.
Respondent(s) PRAYER Calling for the records relating to the Impugned order in Ref. Na.Ka.801/ 2025/A1, dated 22.10.2025 on the file of the 1st respondent herein, quash the same.
For Petitioner(s):
Mr.S.Sriram For Respondent(s): Mr.T.Arunkumar, Additional Government Pleader
ORDER
(Order of the Court was made by S.M.Subramaniam J.) Writ on hand has been instituted challenging final notice issued under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 (hereinafter referred to as 'Act').
2. Final notice issued under Section 6 is appealable under Section 10 of the Act before the District Collector. Thus, all the grounds raised by the petitioner or non-consideration of grounds by original authority may be raised as grounds before appellate authority under Section 10 of the Act. Even Section 10B of the Act contemplates grant of interim order and an interlocutory application may also be moved before the appellate authority for passing appropriate orders, if required.
3. In view of statutory appeal contemplated under the Act, High Court need not entertain a writ proceeding. Registry is directed to return the original impugned order to learned counsel for petitioner.
4. Accordingly, the writ petition is dismissed, granting liberty to petitioner to prefer an appeal. No costs. Consequently, the connected miscellaneous petitions, if any, are closed.
(S.M.SUBRAMANIAM J.)(C.KUMARAPPAN J.) 02-12-2025 gd Index:Yes/No Speaking/Non-speaking order Internet:Yes
To 1.The Tahsildar Avinashi Taluk, Avinashi, Tiruppur District- 641 654.
2.The Land Revenue Inspector Perumanallur Firka, Avinashi Taluk, Tiruppur District.
S.M.SUBRAMANIAM J.
AND C.KUMARAPPAN J.
gd 02-12-2025