Neelamegam vs The Tahsildar

K. Suguna, J.—This writ petition is filed challenging the order dated 23.03.2009 passed by the respondent herein whereby the petitioner

was issued with a notice u/s 6 of the Land Encroachment Act, 1905.

It is the case of the petitioner that though a direction was given in the earlier writ petition to follow the procedure contemplated under the

relevant rules, without following the procedure contemplated under the relevant rules, the impugned order has been passed.

But, the learned Additional Government Pleader has brought to the notice of this Court that an appeal remedy is provided u/s 10 of the Land

Encroachment Act, 1905. Even as per the judgment of the First Bench of this Court reported in 2009 WLR 6, The Vice Chancellor, Bharathiar

University v. Markandan, a statutory appeal is provided under the concerned statute, under Article 226 of the Constitution of India, a writ petition

should not be entertained.

In view of the above, the petitioner is given liberty to file an appeal within a period of two weeks from the date of receipt of a copy of this order.

Till then, the respondent is restrained from disturbing the petitioner from the land in question.

With the above observation and direction, this writ petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.