IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 23.04.2009 CORAM: THE HON'BLE MS. JUSTICE K.SUGUNA W.P. No.5784 of 2009 & M.P. No.1 of 2009 Neelamegan Petitioner vs. The Tahsildar Arakkonam Taluk Vellore District Respondent Petition filed under Article 226 of the Constitution of India, praying this Court for the issue of a writ of certiorarified mandamus calling for the records of the respondent pertaining to the notice dated 23.03.2009 issued under Section 6 of the Tamil Nadu Land Encroachment Act and quash the same and direct the respondent to issue a patta in favour of the petitioner in respect of an extent of 0.80.0 hectares of land comprised in S.No.794/1 and 0.12.0 hectare comprised in S.No.795, Thanigai Polur Village, Arakkonam Taluk, Vellore District. For petitioner Mr. G. Jeremiah For respondent Mr. V.R. Thangavelu Addl. Govt. Pleader ORDER 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 https://hcservices.ecourts.gov.in/hcservices/ 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. 4. 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. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar cad 1.The Tahsildar Arakkonam Taluk Vellore District. 1 CC To Mr.G.Jeremiah, Advocate, SR NO.17737 W.P. No.5784 of 2009 ntk(co) pmk.24.4.2009 https://hcservices.ecourts.gov.in/hcservices/