IMPORTANT POINT
The Tamil Nadu Land Encroachment Act is a self-contained code that mandates a response to a show cause notice before any removal proceedings can be concluded.

ORDER :

(M. Sundar, J.) :

Captioned main 'Writ Petition' {hereinafter 'WP' for the sake of brevity} has been filed assailing a 'notice dated 27.06.2024 bearing reference Na.Ka.No.424/2022/AA2 issued by R3 {the Tahsildar, Office of the Thiruvallur Thasildar, Thiruvallur District}' [hereinafter 'impugned notice' for the sake of brevity] and it pertains to 'S.No.121/29 in Kachur Village, Velagapuram Sub-Taluk, Uthukottai Taluk, Tiruvallur District' {hereinafter 'said land' for the sake of brevity}.

2. Mr.K.Madhan, learned counsel representing counsel on record for writ petitioner submits that writ petitioner and six others have filed a suit against one Eshwarayya, respondents 1, 3 and jurisdictional Block Development Officer i.e., a suit for Bare Injunction inter alia qua said land. This suit is O.S.No.8 of 2024 on the file of the Court of District Munsif-cum-Judicial Magistrate at Uthukottai. This Court is informed that the suit is pending.

3. Learned counsel contends that said land has been let by plaintiffs i.e., writ petitioner and six others as their own pathway to access their land in S.No.121/15 etc.,

4. Issue notice to official respondents i.e., R1 to R4.

5. Mr.P.Balathandayutham, learned Special Government Pleader accepts notice for respondents 1 to 4.

6. Learned State counsel submits, on instructions, that said land is Government land, writ petitioner has encroached upon the same and therefore, the impugned notice has been issued under 'the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905)' {hereinafter 'said 1905 Act' for the sake of brevity}. Learned State counsel submits that there is no interim order in the aforementioned suit and therefore, the proceedings to remove the alleged encroachment in what purportedly is public land has been kick started.

7. Considering the limited legal perimeter within which the captioned main WP should now perambulate, with the consent of both sides, main WP was taken up in the Admission Board. As we are acutely conscious that private respondent (R5) is not before us, we make it clear that all rights and contentions of R5 qua aforementioned suit and/or any other proceedings are preserved.

8. From the submissions made by learned State counsel, we find that proceedings qua impugned notice are essentially under said 1905 Act. The said 1905 Act has been repeatedly held to be a self contained code by this Court as said 1905 Act provides for an alleged encroacher being show caused under Section 7 of said 1905 Act followed by an order under Section 6 (depending on response to Section 7 SCN) which is appealable under Section 10 of said 1905 Act with provision for a further revision under Section 10-A of said Act.

9. In the light of the self contained code and Statutory scheme or in other words, the Eco system of said 1905 Act, we deem it appropriate to write that the impugned notice shall now be treated as 'Show Cause Notice' {'SCN'}. It shall be treated as SCN under Section 7 of said 1905 Act. This means that all questions are left open qua the noticee. To be noted, the writ petitioner is a noticee qua impugned notice and therefore, he shall respond to the impugned notice which has now become SCN. Thereafter, appropriate authority under said 1905 Act shall consider the writ petitioner's response on its own merits and in accordance with law and take a call i.e., either drop or to continue and conclude the removal proceedings. We make it clear that we have not expressed any view or opinion on the merits of the matter. Therefore, when the writ petitioner responds to the impugned notice which has now become SCN, the same shall be considered (for making Section 6 order) untrammeled by this order.

10. Writ petitioner shall respond to the impugned notice which has now become SCN within a fortnight from today i.e., by 26.07.2024. Thereafter, the matter will proceed in the aforesaid manner.

11. Captioned main WP disposed of in the aforesaid manner with the aforementioned directives/obse