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High Court of Judicature at Madras
The Honourable Mr. Justice Jagadeesan
Sri Chamundi Leather & two others
Versus
The Collector, Kancheepuram. & four others
W.P.Nos. 9013 to 9015/95 & W.M.Ps. 14336 to 14341 of 1995
Decided On : 17-07-1995
Section 7 Notice - Land Encroachment Act - The court held that the issuance of a notice as required under Section 7 of the Land Encroachment Act is a condition precedent for the issuance of an Order under Section 6. As the notice was not served on the petitioners, the proceedings of the Tahsildar issued under Section 6 were quashed. The respondents were given the opportunity to issue a fresh notice and proceed with the eviction proceedings.
Fact of the Case:
The petitioners challenged the proceedings of the Tahsildar issued under Section 6 of the Land Encroachment Act 1905 on the ground that the required notice under Section 7 of the Act was not issued to them.
Finding of the Court:
The court found that the notice as required under Section 7 of the Land Encroachment Act had not been served on the petitioners, thus the condition precedent for issuing the Order under Section 6 was not complied with. Consequently, the proceedings of the Tahsildar issued under Section 6 were quashed, with the option for the respondents to issue a fresh notice and proceed with the eviction proceedings.
Issues: The main issue was the non-compliance with the condition precedent of serving the notice under Section 7 of the Land Encroachment Act before issuing the Order under Section 6.
Ratio Decidendi: The court's decision was based on the interpretation of the legal requirement that the notice under Section 7 of the Land Encroachment Act must be served before the issuance of an Order under Section 6.
Final Decision: The Writ Petitions were allowed, and the proceedings of the Tahsildar issued under Section 6 of the Land Encroachment Act were quashed. The Writ Petitions were allowed, and the respondents were given the opportunity to issue a fresh notice and proceed with the eviction proceedings. W.M.P.No. 14336 to 14341 of 1995 were dismissed.
Heard the counsel for the petitioners. The proceedings of the Tahsildar issued under Section 6 of the Land Encroachment Act 1905 is being challenged on the ground that the Notice as required under Section 7 of the said Act has not been issued to the petitioners. Issue of Section 7 notice is a condition precedent for the issue of Order under Section 6. When the matter came up for admission, I requested the learned Additional Government Pleader to get the records, since the question involved is too short and on perusal of the records the Writs can be disposed of.
2. Today the Government Pleader produced the records. From the records, there is nothing to show that a notice as required under Section 7 of the said Act has been served on the petitioners. Hence the condition precedent to issue the Order under Section 6 has not been complied with by the Authorities before ever the Order under Section 6 of the said Act is passed. Hence all the Writ Petitions are allowed and the proceedings of the Tahsildar issued under Section 6 of the Land Encroachment Act are quashed.
3. However, it is open to the respondents to issue a fresh notice as required under Section 7 of the Land Encroachment Act to the petitioners and thereafter proceed afresh in respect of the eviction proceedings.
4. Accordingly the Writ Petitions stand allowed. No costs.
5. In view of the disposal of the main W.Ps. W.M.P.No. 14336 to 14341 of 1995 are dismissed.
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