IMPORTANT POINT
The court emphasized the importance of proper legal procedure in encroachment cases, allowing the affected party to contest notices under the appropriate statutes.

ORDER :

(Order of the Court was made by M.Sundar, J.)

This order will now govern the captioned 'Writ Petition' {hereinafter 'WP' for the sake of brevity} and 'Writ Miscellaneous Petition' {hereinafter 'WMP' for the sake of brevity} thereat.

2. This order has to be read in conjunction with and in continuation of earlier proceedings made in main WP in the previous listing on 01.07.2024 which reads as follows:

(Order of the Court was made by M.SUNDAR, J.)

Captioned 'Writ Petition' (hereinafter 'WP' for the sake of brevity) has been filed assailing a notice dated 27.06.2024 issued by R4 (The Revenue Inspector, Avadi Subdivision, Poonamallee High Road, Near Pandian Rice Mill, Avadi, Chennai - 54) Fand a scanned reproduction of the same is as follows:

2. To be noted, noticee is the writ petitioner and Mr.M.Abdul Razack, learned counsel for writ petitioner is before us.

3. It is pointed out that the notice does not mention any provision of law.

4. Issue notice regarding admission.

5. Mr.P.Balathandayutham, learned Special Government Pleader accepts notice for all four respondents.

6. Learned State counsel submits on instructions that the alleged encroachment is in a land admeasuring an extent of 7 ares and according to revenue classification it is (canal).

7. Learned State counsel submits that 'The Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007' (hereinafter 'Tanks Act' for the sake of convenience and clarity) and 'The Tamil Nadu Protection of Tanks and Eviction of Encroachment Rules, 2007' (hereinafter 'Tanks Rules' for the sake of convenience and clarity) will be attracted only if the extent is more than three acres and requests time to get instructions and revert to this Court. Let instructions be obtained on the following points:

(i) Extent for which Tanks Act and Rules thereunder are made applicable and executive fiat (Government Order) in this regard (if any);

(ii) If Tanks Act and Rules thereunder are not applicable, the statute and the provision of law which will apply;

(iii) The statute and the provision of law under which the aforementioned impugned notice has been issued;

(iv) Any other point deemed relevant by the respondents.

8. The impugned notice prescribes a time frame of 24 hours for removal of alleged encroachment. Therefore, there will be an order of interim stay as prayed for till the next listing which will be on Friday.

9. List in the Admission Board i.e., Motion List on Friday. List under the cause list caption 'NOTICE REGARDING ADMISSION' on 05.07.2024.'

3. Adverting to paragraph No.7 of our earlier proceedings, Mr.P.Balathandayutham, learned Special Government Pleader submits that there is Public Works Department Code (PWD Code) but it may not really be necessary to go into that in this case. We will examine this aspect in another matter where the need arises. The reason is, post impugned notice {notice dated 27.06.2024 issued by R4} now 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} being notice dated 02.07.2024 bearing reference Na.Ka.No.TAHAVD/978/2024/AA1 has been issued to writ petitioner as regards said land i.e., land admeasuring 7 ares or thereabouts which is a canal (according to revenue classification). A copy of notice dated 02.07.2024 under Section 7 of said 1905 Act has been placed before us and a scanned reproduction of the same is as follows:

4. Learned counsel for writ petitioner, on instructions, very fairly submits that the aforementioned notice has been received by the writ petitioner day before yesterday (03.07.2024).

5. In the light of the dwindled legal perimeter within which the captioned WP should now perambulate, with the consent of learned counsel on both sides, main WP was taken up and the following order is made :

(i) Impugned notice being notice dated 27.06.2024 issued by R4 is set aside;

(ii) Impugned notice is set aside without expressing any view or opinion on the meri