Karuppaiah v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.04.2025

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P.(MD)No.13678 of 2025 and W.M.P.(MD)Nos.9861 and 9862 of 2025 Karuppaiah ... Petitioner -Vs1.The District Collector, Ramanathapuram District, Ramanathapuram.

2.The Tahsildar, Paramakudi Taluk, Ramanathapuram District.

3.Sangili ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records relating to the impugned order of the 2nd respondent in Na.Ka.A3-5944-2025, dated 09.04.2025 and quash the same as illegal.

For Petitioner : Mr.M.Kannan For R1 & R2 : Mr.J.Ashok, Additional Government Pleader

ORDER

[Order of the Court was made by J.NISHA BANU, J.] By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

2.Challenging the eviction order under Section 6 of the Tamil Nadu Land Encroachment Act, 1905, dated 09.04.2025 issued by the 2nd respondent, this Writ Petition is filed.

3.At the outset, this Court is of the view that the said eviction order is appealable before the 1st respondent under Section 10 of the Tamil Nadu Land Encroachment Act, 1905. Without exhausting the appeal remedy, the petitioner has filed this Writ Petition. Therefore, we are not inclined to entertain this Writ Petition. Accordingly, this Writ Petition is dismissed with liberty to the petitioner to prefer an appeal before the 1st respondent. No costs. Consequently, connected miscellaneous petitions are closed.

[J.N.B., J.] & [S.S.Y., J.] 30.04.2025 NCC : Yes / No Index : Yes / No Yuva

To 1.The District Collector, Ramanathapuram District, Ramanathapuram.

2.The Tahsildar, Paramakudi Taluk, Ramanathapuram District.

J.NISHA BANU, J.

AND S.SRIMATHY , J.

Yuva W.P.(MD)No.13678 of 2025 30.04.2025