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SANJAY V. GANGAPURWALA, P. D. AUDIKESAVALU
R. A. V. Kovil Annayya Charities, rep. by its Managing Trustee C. Narasimha Swamy, Chennai – Appellant
Versus
District Collector, Tiruvallur – Respondent
JUDGMENT
(Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorarified mandamus calling for the records on the file of the second respondent in proceedings ''NIL'' dated 15.03.2023 pertaining to S.No.1382/2, Pasali 1432, Poonamallee Village, Tiruvallur District and quash the same as illegal, incompetent and without jurisdiction and further forbearing the respondents from interfering with the possession of the first petitioner with respect the property in S.No.1382/2, Pasali 1432, Poonamallee Village, Tiruvallur District. W.M.P.No.19318 of 2023 filed to implead the petitioner as a party respondent in W.P.No.11968 of 2023.)
Sanjay V. Gangapurwala, C.J.
1. Heard Mr.V.Raghavachari, learned Senior Counsel appearing for the writ petitioners; Mr.P.Muthukumar, learned State Government Pleader for the respondents and also Mr.P.S.Raman, learned Senior Counsel for the impleading petitioner/Chennai Metro Rail Limited (CMRL) in W.M.P.No.19318 of 2023.
2. The writ petitioners are challenging the notices issued under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 (for short, “the Land Encroachment Act”).
3. Learned Senior Counsel for the p
Encroachments on unassigned Grama Natham lands may be removed under the Tamil Nadu Land Encroachment Act, supported by Full Bench precedents and constitutional policy principles.
A writ petition challenging a notice is not maintainable after availing statutory remedies through an appeal.
Land classified as grama natham does not fall under the Tamil Nadu Land Encroachment Act, 1905 for legal remedies.
Writ petition dismissed directing appeal under Section 10 of Tamil Nadu Land Encroachment Act for encroachment disputes.
The central legal point established in the judgment is the distinction between 'Grama Natham Land' and 'Natham Land' and the applicability of the Tamil Nadu Land Encroachment Act, 1905 based on this ....
Court upheld that the petitioner's remedy lies with the appellate authority under the Tamil Nadu Land Encroachment Act, 1905.
A challenge to a show cause notice issued under Section 7 of the Tamil Nadu Land Encroachment Act, 1905, is premature and not maintainable, requiring the authority to consider the objections filed by....
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