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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. SUNDAR, K. GOVINDARAJAN THILAKAVADI, JJ.
A. Samivel, S/o. Mr. Annamalai - Petitioner
Versus
The District Collector, Villupuram & Ors. - Respondents
W.P. No. 19097 of 2024 and W.M.P. No. 20951 of 2024
Decided On : 18-07-2024
Encroachment - Land Encroachment - Tamil Nadu Land Encroachment Act, 1905 - Sections 6, 7, 10, 10-A, 10-B - The court emphasized the procedural requirements under the Act, particularly the necessity of a show cause notice before issuing an order under Section 6, influencing the decision to close the impugned proceedings while preserving rights.
Fact of the Case:
The writ petition concerns land classified as 'Pathai Poramboke', where the petitioner was accused of encroachment. Notices were issued under the Tamil Nadu Land Encroachment Act without a prior show cause notice.
Finding of the Court:
The court found that the impugned proceedings lacked the necessary procedural steps as mandated by the Tamil Nadu Land Encroachment Act, particularly the absence of a show cause notice.
Issues: Whether the proceedings issued under the Tamil Nadu Land Encroachment Act were valid given the lack of a show cause notice.
Ratio Decidendi: The court held that the Tamil Nadu Land Encroachment Act requires a show cause notice before any order under Section 6, and the absence of this notice rendered the proceedings invalid.
Result: The impugned proceedings were closed without prejudice to the rights of the parties, allowing the statutory appeal to proceed.
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 'second impugned proceedings' for the sake of convenience}.
3. Assailing the aforementioned first impugned proceedings and second impugned proceedings issued by R4 (signed by R4 on 06.04.2023 and 28.04.2023), writ petitioner filed a writ petition earlier being W.P.No.15138 of 2023 which came to be disposed of by a Hon'ble Division bench sitting in the vacation Court on 11.05.2023 and a scanned reproduction of this order dated 11.05.2023 is as follows :
4. Aforementioned earlier order dated 11.05.2023 in W.P.No.15138 of 2023 takes us to an earlier notice dated 08.03.2023 bearing reference Na.Ka.No.AA/3173/2022 issued by R4 with regard to the same said land. Learned counsel for writ petitioner submits that this 08.03.2023 notice' {'earlier notice' for the sake of convenience} has been assailed by writ petitioner by way of a regular appeal under Section 10 of said 1905 Act being an appeal dated 20.03.2023 and learned counsel submits that pending appeal aforementioned earlier writ petition was moved in this Court under pain of removal.
5. Issue notice regarding admission to the respondents.
6. Mr. P. Balathandayutham, learned Special Government Pleader, accepts notice for R1 to R3. Mr. G. Ameedius, learned Government Advocate accepts notice for R4. Mr. L. Baskaran, learned Government Advocate accepts notice for R5.
7. Learned State counsel for R4 submits that earlier notice i.e., 08.03.2023 notice has to be now proceeded with and pursuant to earlier order dated 11.05.2023 in W.P.No.15138 of 2023, first impugned proceedings and second impugned proceedings (signed by R4 on 06.04.2023 and 28.04.2023) can be given a closure leaving open all questions.
8. Considering the limited scope of captioned WP, with the consent of both sides, main WP was taken up in the Admission Board.
9. One factor to be noticed is, as already alluded to supra, earlier writ petition was filed by writ petitioner pending Statutory appeal under Section 10 of said 1905 Act (appeal dated 20.03.2023) made to R1 (the District Collector, Villupuram District, Villupuram), after the aforementioned order dated 11.05.2023 in W.P.No.15138 of 2023, writ petitioner has filed a stay petition dated 15.06.2023 before R1 i.e., interim stay petition in 20.03.2023 appeal. This interim stay petition is under Section 10-B of said 1905 Act. This Court has repeatedly held that said 1905 Act is a self contained code as it provides for noticee being show caused under Section 7 of said 1905 Act followed by an order under Section 6 of said 1905 Act which is appealable under Section 10 of said 1905 Act with a further provision for revision under Section 10-A of said 1905 Act and there is also a provision for interim orders vide Section 10-B of said 1905 Act pending appeal/ revision.
10. In the light of the narrative thus far
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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