A.Vijayakumari v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN and W.M.P(MD)No.17035 of 2025 A.Vijayakumari ... Petitioner vs.

1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Revenue Divisional Officer, Aruppukottai Taluk, Virudhunagar District.

3.The Tahsildar, Aruppukottai Taluk, Aruppukottai, Virudhunagar District.

... Respondents 1/5

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the records on the file of the third respondent in connection with the impugned eviction notice passed in proceedings nil dated 24.07.2025 and quash the same as illegal, arbitrary and consequently direct the respondents not to disturb the petitioner's house property situated in Survey No.417/2 of Villupathri Village, Aruppukottai Taluk, Virudhunagar District. For Petitioner : Mr.V.Sakthi for Mr.M.Raja Ravi Varma For Respondents : Mr.S.P.Maharajan Special Government Pleader

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The writ on hand has been instituted challenging the final notice issued under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 (hereinafter referred to as 'the Act, 1905).

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2.Admittedly, a survey was conducted and encroachments in the Government land were identified. Pursuant to this, the Tahsildar issued a notice under Section 7 of the Act, 1905. After affording due opportunity to the encroachers, the final notice under Section 6 of the Act, 1905 was issued. 3.A notice issued under Section 6 of the Act, 1905, is susceptible to an appeal under Section 10 of the Act, 1905. Therefore, the present Writ Petition is not maintainable since an efficacious alternative remedy is contemplated under the statute. The High Court cannot conduct a roving enquiry with reference to the civil rights of the petitioner. 4.Accordingly, this Writ Petition is dismissed. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed. [S.M.S.,J.] & [G.A.M.,J.] 12.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes ps 3/5

To 1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Revenue Divisional Officer, Aruppukottai Taluk, Virudhunagar District.

3.The Tahsildar, Aruppukottai Taluk, Aruppukottai, Virudhunagar District.

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S.M.SUBRAMANIAM , J.

and G.ARUL MURUGAN , J.

ps ORDER MADE IN DATED : 12.08.2025 5/5