A prior notice under Section 7 of the Land Encroachment Act, 1905, is a mandatory requirement before eviction proceedings under Section 6 can be initiated.

.1. This writ petition filed against the action of the second respondent namely Tahsildar, Uthukottai, Chengleput District, for initiating action under Section 6 of the Land Encroachment Act 3 of 1905 (hereinafter referred to as Act) under notice dated 110. 1986 calling on the petitioner to surrender the land located in Survey Nos. 225 and 240/3 of an extent of 2-00 acres in Kottakuppam village, Uthukottai Taluk, Chengleput District which is said to be under the unauthorised occupation of the petitioner for which the petitioner had been assessment under Section 3 of the Act.

2. The petitioner claiming to be an agricultrist submits that he is in occupation of the said land since 1952. The land in question is situated near Kusasthalai river as river poramboke. The petitioner has developed the said land and converted the same as cultivable land. The occupation of the said land by the petitioner is neither objected to by the other local villagers nor caused any hindrance to the others in any manner. The petitioner further states that he had spent huge cost, time and energy to convert the said two acres of poramboke land into cultivable land making it suitable for raising paddy and groundnut crops periodically. Of course, the petitioner claims that even he is very regular in payment of assessment claimed by the Revenue Authorities for the said unauthorised occupation. The petitioner also states that he has dug a well in the said land to cultivate three crops a year. In spite of all these efforts and without any default in payment of assessment, the second respondent has invoked Section 6 of the Act and issued the impugned notice dated 110. 1986 proposing to evict the petitioner from the said land encroached by him and accordingly, the petitioner had been called to surrender the vacant possession of the land to the second respondent. Hence he has approached this Court for the issue of writ of certiorarified mandamus calling for the records relating to the said notice dated 110. 1986 and quash the same and consequently approached for a direction to forbear the respondents from interfering with the petitioners possession and enjoyment in respect of the said land located in S.Nos.225 and 240/3 measuring about 2 acres in Kottakuppam village, Uthukottai Taluk, Chengleput District.

.3. The respondents have filed a detailed counter-affidavit. In the counter, the respondents have stated that the impugned land is classified as river promboke and the petitioner was served with B. Memo calling on him to pay the assessment for the unauthorised occupation of the said land. Accordingly, the petitioner was paying the said assessment periodically. The respondents contend that in view of the admitted fact that the impugned land is a river poramboke and the petitioner was periodically called upon to pay the assessment for the unauthorised occupation under Section 3 of the Act, the mere fact that he was paying the said assessment charges itself, will not confer any right on the petitioner to continue possession of the land any further. Therefore, according to the respondents, the action initiated under Section 6 of the Act is within the jurisdiction of the second respondent and the same is valid as the respondents are entitled to call on the petitioner to surrender vacant possession of the impugned land to the second respondent as proposed in the impugned notice dated 110. 1986.

4. On the basis of the above pleadings, Mr. R.S. Jeevarathanam, learned counsel appearing for the petitioner forcibly contends that the mere fact that the impuged land is a river poramboke and the petitioner was called upon to pay the assessment charges for his unauthorised occupation by way of B-memo and the petitioner is paying the assessment charges periodically to the respondents, itself would not validate the act of the second respondent for initiating proceedings under the impugned notice dated 110. 1986 calling on the petitioner to surrender vacant posse