IMPORTANT POINT
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 enforcement actions.

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.No.28218 of 2021 is as follows:

4. Learned counsel, adverting to aforementioned order submits that Section 6 communication was sent to R4 but the encroachment remains and this according to learned counsel for writ petitioner is inaction qua official respondents 1 to 3 and that has necessitated the captioned WP is his further say.

5. Issue notice i.e., notice regarding admission to official respondents.

6. Mr.T.K.Saravanan, learned Government Advocate accepts notice for R1 to R3.

7. Considering the limited scope of captioned WP, with the consent of learned counsel on both sides, main WP was taken up in the Admission Board.

8. We are acutely conscious that R4, who is private respondent is not before us. We will be putting in a safety valve in this regard infra.

9. Learned State counsel, on instructions, submits that post aforementioned communication under Section 6 of said 1905 Act, a part of encroachment has been removed and remaining will also be removed. We record this submission made by learned State Counsel, on instructions. We make it clear that the official respondents will do well to carry the aforementioned Section 6 communication to its logical end as expeditiously as the business of official respondents would permit but that is subject to rights and contentions of R4 and/or any other person or entity, who is likely to be affected by the same.

10. As regards safety valve qua R4, we make it clear that said 1905 Act is a self contained code as has been repeatedly held by this Court from time to time and all rights and contentions of R4 qua Section 6 communication either by way of an appeal under Section 10 of said 1905 Act or any other remedy stands preserved. If R4 pursues such remedies before any Fora or Court, this order will neither impede nor serve as impetus to such proceedings. To put it differently, such Court/Courts/Fora shall consider such remedies, if sought for by R4 on its own merits and in accordance with law untrammeled by this order.

Captioned WP is disposed of recording the stated position of learned State counsel. There shall be no order as to costs.