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M. SUNDAR, K. GOVINDARAJAN THILAKAVADI
A. Samivel, S/o. Mr. Annamalai – Appellant
Versus
District Collector, Villupuram – Respondent
ORDER :
M. Sundar, J.
Captioned 'Writ Petition' {'WP' for the sake of brevity} pertains to 'land comprised in S.No.157/1A in Kandacheepuram Village, Kandachipuram Taluk (Mugaiyur Panchayat Union @ Manampoondi) Villupuram District' {'said land' for the sake of brevity}.
2. According to Revenue Department, total extent of said land is 0.15.34 ares, it is classified as 'Pathai Poramboke' and that writ petitioner has encroached upon said land. On this basis, R4 [the Block Development Officer, (Village Panchayat), Mugaiyur Panchayat Union @ Manampoondi, Villupuram District] issued a notice / proceedings (signed by R4 on 06.04.2023) under Section 6 of 'the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905)' {hereinafter 'said 1905 Act' for the sake of brevity}. To be noted, this notice / proceedings of R4 was not preceded by a 'Show Cause Notice' {'SCN'} under Section 7 of said 1905 Act. Post this 'Section 6 notice / proceedings (signed by R4 on 06.04.2023)' {hereinafter 'first impugned proceedings' for the sake of convenience}, another 'notice signed by R4 on 28.04.2023' was issued calling upon the writ petitioner to remove the encroachment from said land {hereinafter 'sec
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 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 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 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....
Impugned notices were set aside due to lack of jurisdiction to issue under the Tamil Nadu Land Encroachment Act, 1905.
The court established that eviction proceedings must adhere to principles of natural justice, allowing encroachers to present objections before any coercive action is taken.
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 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.
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