NEELAMEGAM Vs. TAHSILDAR ARAKKONAM TALUK

JUDGEMENT

(1.) 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 under Section 6 of the Land Encroachment Act, 1905.

(2.) 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.

(3.) BUT, the learned Additional Government Pleader has brought to the notice of this Court that an appeal remedy is provided under Section 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 vs. 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.