The Parish Priest v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and W.M.P(MD)Nos.21414, 21421 & 21418 of 2024 & 7243, 7217 & 7220 of 2025 1.W.P(MD)No.25211 of 2024:
The Parish Priest, Punitha Mariya Madhalenal Aalayam, Vakkampatty, Dindigul - 624 303, ... Petitioner vs.
Dindigul, Dindigul District.
Aathur, Dindigul, Aathur Block, Aathur Circle, ... Respondents 1/7
PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari calling for the records relating to the impugned order issued by the second respondent under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 vide proceedings dated 18.09.2024 quash the same in the light of the order passed by the principal seat of this Court in W.P.Nos.26234 and 26237 of 2018 dated 11.10.2018. For Petitioner : Mr.T.Cibi Chakraborthy For Respondents : Mr.S.P.Maharajan Special Government Pleader 2.W.P(MD)No.25212 of 2024:
S.Fathima Mary ... Petitioner vs.
Dindigul, Dindigul District.
Aathur, Dindigul, Aathur Block, Aathur Circle, ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari calling for the records relating to the 2/7
impugned order issued by the second respondent under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 vide proceedings dated 18.09.2024 quash the same in the light of the order passed by the principal seat of this Court in W.P.Nos.26234 and 26237 of 2018 dated 11.10.2018. For Petitioner : Mr.T.Cibi Chakraborthy For Respondents : Mr.S.P.Maharajan Special Government Pleader 3.W.P(MD)No.25213 of 2024:
K.Madhalai Mary ... Petitioner vs.
Dindigul, Dindigul District.
Aathur, Dindigul, Aathur Block, Aathur Circle, ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari calling for the records relating to the impugned order issued by the second respondent under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 vide proceedings dated 18.09.2024 quash 3/7
the same in the light of the order passed by the principal seat of this Court in W.P.Nos.26234 and 26237 of 2018 dated 11.10.2018. For Petitioner : Mr.T.Cibi Chakraborthy For Respondents : Mr.S.P.Maharajan Special Government Pleader COMMON ORDER (Order of the Court was made by S.M.SUBRAMANIAM, J.) These Writ Petitions have been instituted challenging the impugned orders issued by the second respondent, dated 18.09.2024 under Section 6 of the Tamil Nadu Land Encroachment Act, 1905.
2.It is not in dispute that the revenue authorities on identification of the encroachments, issued notices under Section 7 of the Tamil Nadu Land Encroachment Act, 1905. The petitioners submitted their explanations. Thereafter, orders under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 were passed by the Tahsildar.
4/7
3.An order passed under Section 6 of the Tamil Nadu Land Encroachment Act, 1905, is susceptible to an appeal under Section 10 of the Tamil Nadu Land Encroachment Act, 1905. Therefore, the petitioners have to approach the appellate authority for adjudication of all the grounds raised in the present Writ Petitions, both on merits and legal grounds. 4.Granting liberty to the petitioners to approach the appellate authority, these Writ Petitions stand dismissed. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed. [S.M.S.,J.] & [A.D.M.C.,J.] 26.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes ps 5/7
To Dindigul, Aathur, Dindigul, Aathur Block, Aathur Circle, 6/7
S.M.SUBRAMANIAM , J.
and DR.A.D.MARIA CLETE , J.
ps ORDER MADE IN DATED : 26.06.2025 7/7