M. SUNDAR, K. GOVINDARAJAN THILAKAVADI
Manimegalai W/o. Late Mr. Ananthakrishnan – Appellant
Versus
District Collector Tiruvallur District Tamil Nadu - 600 071 – Respondent
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:
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
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.
Authorities issuing show-cause notices must adhere to designated roles and principles of natural justice, providing affected parties a chance to respond before any encroachment actions are taken.
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 emphasized the necessity for adherence to procedural requirements and principles of natural justice in eviction proceedings under the Tanks Act.
The need for the petitioner to submit documents to prove his right of possession and the respondent-authorities to pass orders on the reply/objection within a specified time.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.