W.P.No.3329 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 03.02.2025 CORAM THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.3329 of 2025 and W.M.P.No.3699 of 2025 C.Nallaiyan ... Petitioner Vs. 1.The District Collector Salem, Salem District 2.The Revenue Divisional Officer / Sub Collector Mettur, Mettur Dam -1 Salem District 3.The Tahsildar Omalur Taluk Salem District 4.The Revenue Inspector Karuppur Omalur Taluk Salem District ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to proceeding in Na.Ka.No.1449 of 2021/A1 dated 18.12.2024 passed by the 3rd 1/8 https://www.mhc.tn.gov.in/judis W.P.No.3329 of 2025 respondent, quash the same and consequently direct the respondents to restore the patta of petitioner in Patta No.323 in respect of land in survey No.16/3 & 16/4 an extent of 1.13.50 Hecs at Vellapatti Village, Omalur Taluk, Salem District. For Petitioner : Mr.M.Elango For Respondents : Mr.A.Selvendran Special Government Pleader ORDER This Writ Petition has been filed challenging the impugned proceedings dated 18.12.2024 passed by the 3rd respondent and for a consequential direction to the respondents to restore the patta of the petitioner in patta No.323 with respect to the properties in Survey No.16/3 and 16/4 at Vellapatti Village, Omalur Taluk, Salem District. 2.Heard Mr.M.Elango, the learned counsel appearing on behalf of the petitioner and Mr.A.Selvendran, the learned Special Government Pleader appearing for the respondents. 3.The case of the petitioner is that the subject property was in possession and enjoyment right from his forefather's period and patta was also issued in the year 2013. The name of the petitioner was also included in the 'A' Register. All 2/8 https://www.mhc.tn.gov.in/judis W.P.No.3329 of 2025 of a sudden, an attempt was made to interfere with the possession and enjoyment of the property and hence the petitioner filed W.P.No.16393 of 2024 before this Court. This writ petition was disposed of by an order dated 26.06.2024 by directing the respondents to follow due process of law before evicting the petitioner from the subject property. 4.Pursuant to the above order, notice came to be issued U/s.7 of the Tamil Nadu Land Encroachment Act, 1905. 5.The above notice was put to challenge before the division bench of this Court in W.P.No.37028 of 2024 and the said writ petition was disposed of by an order dated 05.12.2024 directing the authorities to treat the notice issued U/s.7 of the Act as a show cause notice and to give an opportunity to the petitioner to give his reply. 6.Pursuant to the above order, the impugned proceedings dated 18.12.2024 came to be issued by the 3rd respondent. 3/8 https://www.mhc.tn.gov.in/judis W.P.No.3329 of 2025 7.It will be relevant to extract the operative portion of the order herein; "mjid bjhlh;e;J j';fshy; ghh;it 3y; fz;Ls;sthW Mf;fpukpg;g[ mfw;w jil cj;jut[ nfhhp khz;gik brd;id cah;ePjpkd;wj;jpy; bjhlug;gl;l tHf;Fk; (tHf;F vz; 37028 of 2024 and W.M.P.No.39999 of 2024 in W.P.No.37028 of 2024) js;Sgo bra;ag;gl;Ls;sJ vd;gij fUj;jpy; bfhz;Lk;. Mf;fpukpg;g[ mfw;Wjy; rl;lk; gphpt[ 7d;go nehl;O!; tH';fg;gl;L vt;tpj nky;KiwaPL kDjhuuhy; bra;ag;gltpy;iy vd;gij fUj;jpy;bfhz;Lk; gpu!;jhg g[ykhdJ jyj;jzpf;if nkw;bfhs;sg;gl;ljpy;. kdjhuhpd; mDgtj;jpy; ,y;yhj epiyapYk;. epiyahd my;yJ jw;fhypf fl;Lkhd';fs; VJk; ,y;yhkYk;. gaph; bra;ag;glhkYk; fhyp epykhfnt cs;s epiyapid fUj;jpy;bfhz;Lk; g[ykhdJ Mf;fpukpg;g[ mfw;wg;gl;ljhfnt fUjp ,jd;K:yk; cj;jutplg;gLfpwJ/" 8.The claim made by the petitioner is seeking for patta to the subject property. Whereas, parallel proceedings have been initiated under the Land Encroachment Act. Unless and until, the proceedings under the Land Encroachment Act comes to a logical end, there is no question of considering the claim made by the petitioner for patta. 4/8 https://www.mhc.tn.gov.in/judis W.P.No.3329 of 2025 9.It is quite evident from the impugned proceedings of the 3rd respondent that possession has been taken considering the fact that the property in question was a vacant property without any structures or any agricultural activities conducted by the petitioner and the petitioner was not found in possession. Therefore, the impugned order states that the encroachment is deemed to have been removed. 10.If the petitioner is aggrieved with the above order, the petitioner has to necessarily file an appeal U/s.10 of the Tamil Nadu Land Encroachment Act, 1905. The order passed by the 3rd respondent cannot be straightway put to challenge in the writ petition. In the light of an alternative and efficacious remedy available, this Court cannot entertain the writ petition. Liberty is granted to the petitioner to work out his remedy by filing an appeal U/s.10 of the Tamil Nadu Land Encroachment Act, 1905. Except giving this liberty, no further orders can be passed in this writ petition. The learned counsel for the petitioner submitted that interim protection was granted to the petitioner both by the learned single Judge as well as by the division bench and therefore, this protection can continue 5/8 https://www.mhc.tn.gov.in/judis W.P.No.3329 of 2025 till the petitioner files an appeal and works out his remedy. In the light of this submission, the interim protection granted to the petitioner shall continue for a period of two (2) weeks. In the meantime, the petitioner shall file the appeal before the appropriate authority and seek for interim protection which shall be considered on its own merits and in accordance with law. 11.This writ petition is disposed of with the above direction. No costs. Consequently, the connected miscellaneous petition is closed. 03.02.2025 Index : Yes / No Neutral Citation kas To. 1.The District Collector Salem, Salem District 2.The Revenue Divisional Officer / Sub Collector Mettur, Mettur Dam -1 Salem District 6/8 https://www.mhc.tn.gov.in/judis W.P.No.3329 of 2025 3.The Tahsildar Omalur Taluk Salem District 4.The Revenue Inspector Karuppur Omalur Taluk Salem District 7/8 https://www.mhc.tn.gov.in/judis W.P.No.3329 of 2025 N. ANAND VENKATESH, J. kas W.P.No.3329 of 2025 and W.M.P.No.3699 of 2025 03.02.2025 8/8 https://www.mhc.tn.gov.in/judis