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S. S. SUNDAR, D. BHARATHA CHAKRAVARTHY
Muthammal – Appellant
Versus
District Collector, Madurai District, Madurai – Respondent
JUDGMENT
(Prayer:Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorari calling for the records relating to the impugned notice of the second respondent dated 27.06.2023 and quash the same as illegal.)
S.S. SUNDAR, J.
1. Heard Mr.T.Veerakumar, learned counsel for the petitioner and Mr.M.Lingadurai, learned Special Government Pleader for the respondents.
2. The petitioner has challenged the order passed by the second respondent under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 (in short ‘the Act’).
3. It is the case of the petitioner that she is the absolute owner of the land measuring to an extent of 74 sq. mts., situated in Survey No. 260/98(Part). The petitioner also states that her house property is in Natham land. It is her further case that the impugned eviction order is passed in arbitrary manner without considering the petitioner''s right as per revenue records.
4. The learned counsel for the petitioner submitted that no survey was conducted before passing the impugned order despite the petitioner has made objections.
5. The learned Special Government Pleader is unable to get instructions regarding the character of the land or whet
The requirement for a survey in the presence of interested persons before determining encroachment, as established by the Supreme Court and previous decisions.
A writ petition challenging an order passed under the Tamil Nadu Land Encroachment Act, 1905 is not maintainable when an appeal against the same order is already pending before the statutory appellat....
Eviction notice under Section 7 requires reply consideration and hearing before final action; premature writ interference declined.
Mandamus issued for expeditious removal of encroachments on public Taluk Office land post statutory notices under Tamil Nadu Land Encroachment Act.
A court may decline to interfere with an eviction order on purely procedural grounds where the petitioner fails to establish a colorable title or valid ownership claim to government-classified land, ....
Mandamus directing authorities to remove encroachments on poromboke lands within 12 weeks per Tamil Nadu Land Encroachment Act procedures.
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