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M. SUNDAR, K. GOVINDARAJAN THILAKAVADI
TVS Residents Welfare Association Rep. by its President Mr. K. Thangarj – Appellant
Versus
District Collector O/o. District Collector – Respondent
ORDER :
(Order of the Court was made by M.Sundar, J.)
Captioned 'Writ Petition' {hereinafter 'WP' for the sake of brevity} has been filed with a mandamus prayer qua a 'representation dated 22.11.2023' {hereinafter 'said representation' for the sake of brevity}.
2. To be noted, said representation has been sent by writ petitioner.
3. Mr.Wilson Topaz, learned counsel on record for writ petitioner, adverting to said representation submits that the same was sent seeking action qua alleged encroachment by R4 (Prabakar Leonraj, Son of Michael Antony, Door No.3/24, Indira Nagar, Pattinam Village, Sulur Taluk, Coimbatore - 641 016) before us i.e., alleged encroachment in a Government land. Learned counsel, elaborating on this submission submitted that R4 was visited with a notice under Section 7 of 'the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905)' {hereinafter 'said 1905 Act' for the sake of brevity}, this was challenged by R4 before this Court by way of a writ petition being W.P.No.28218 of 2021 and the same was disposed of by another Hon'ble Division Bench on 26.07.2023. A scanned reproduction of the order dated 26.07.2023 made by another Hon'ble Division Bench in W.P
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....
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.
Civil rights from a decree persist beyond execution limits, necessitating compliance by authorities with prior orders despite challenges on classification.
The court upheld the validity of impugned orders under the Tamil Nadu Land Encroachment Act, confirming that proper notices were served and emphasizing the efficacy of statutory appeals as an alterna....
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