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M. SUNDAR, K. GOVINDARAJAN THILAKAVADI
V. Subramaniyam, S/o. Periya Pappa Naidu – Appellant
Versus
District Collector, Office of the District Collectorate, Thiruvallur District – Respondent
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.Balathandayutha
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.
The necessity of a show cause notice under the Tamil Nadu Land Encroachment Act before issuing an order under Section 6 is essential for valid proceedings.
The court affirmed that the statutory appeal under the Tamil Nadu Land Encroachment Act is the appropriate remedy, and the Act is a self-contained code barring jurisdiction of courts over its orders.
The Tamil Nadu Land Encroachment Act, 1905 is a self-contained code, requiring proper notice and response procedures, with the court emphasizing the preservation of rights for both parties.
The Tamil Nadu Land Encroachment Act, 1905 provides a framework for addressing land encroachments, ensuring that the rights of all parties are preserved and that due process is followed in enforcemen....
Authorities must wait for the reply under Section 7 before passing an order under Section 6 of the Tamil Nadu Land Encroachment Act, 1905.
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 ....
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