Notices for removal of encroachments must include specific survey numbers to ensure compliance with statutory requirements and allow for effective response.

ORDER

[made by K. GOVINDARAJAN THILAKAVADI, J.]

This writ petition is directed against the letter dated 05.03.2025 addressed by the fourth respondent (Assistant Divisional Engineer- Highways) and the notice dated 07.03.2025 issued by the fifth respondent (Divisional Engineer-Highways), both to the writ petitioner.

2. The facts which gave rise to this writ petition and which are necessary for deciding this writ petition are as follows:

2.1. The petitioner, a septuagenarian, claims that her son was the owner of the land and building at Door No.48, 48/1, 49 and 50, Amman Street, Rail Nagar, Mettukulam, Koyambedu, Chennai, comprised in old Survey No.155/1 Part, new T.S. Nos.5,6,7 and 8, Block No.34, Koyambedu Village, now Aminjikarai Taluk, Chennai District.

2.2. According to the writ petitioner, patta was issued for the aforesaid properties in favour of her son and after his demise, she has inherited the aforesaid properties and she has been in possession and enjoyment of the same.

2.3. It is the case of the writ petitioner that on 22.01.2019, three notices (in respect of three door numbers, viz., Door Nos.48, 48/1 and 49) issued under Section 6 of the Tamil Nadu Land Encroachment Act , 1905, (for short “the 1905 Act”) were issued stating that the aforesaid properties are a part of the Coovam River and hence, she should vacate the same.

2.4. Since notices under Section 7 of the 1905 Act did not precede the aforesaid notices dated 22.01.2019, the writ petitioner preferred W.P.Nos.4016, 4017 and 4021 of 2019 assailing the notices dated 22.01.2019 which were disposed of by a Coordinate Bench of this Court vide common order dated 21.03.2019, the operative portion of which reads as follows:

“5. In view of the fact that the petitioner is impugning the notices issued under Section 6 of the Tamil Nadu Land Encroachment Act , 1905, the petitioner has a remedy of appeal under Section 10 of the said Act. As the petitioner has efficacious alternate remedy of preferring appeals under Section 10 of the Tamil Nadu Land Encroachment Act , 1905, we are not inclined to interfere with the impugned notices and the petitioner is relegated to the remedy of preferring appeals.

6. The writ petitions are disposed of with the above observation. No costs. Consequently, W.M.P. Nos.4468, 4469 and 4471 of 2019 are closed.”

2.5. Pursuant to the aforesaid common order, the writ petitioner preferred an appeal dated 27.03.2019 along with a stay petition before the second respondent (District Collector) under Section 10 of the 1905 Act. Pending the said appeal, on 28.11.2020, four demolition notices were issued by the third respondent (Assistant Executive Engineer, Public Works Department) fixing the date of demolition as 30.11.2020.

2.6. Thereagainst, the writ petitioner preferred four writ petitions being W.P.Nos.19146, 19149, 19151 and 19153 of 2020. In the said writ petitions, the writ petitioner sought a further relief of a direction for disposal of her appeal under Section 10 of the 1905 Act.

2.7. The said batch of four writ petitions was disposed of by a Coordinate Bench of this Court vide a common order dated 16.12.2020, the relevant portion of which reads as follows:

“6. A perusal and consideration of the arguments advanced by the learned counsel appearing for the petitioner, coupled with the materials available on record, would prima facie disclose that there is no proof as to the filing and entertainability of the appeal, however, the learned counsel appearing for the petitioner, on instructions, would submit that the appeal has been filed and the same has been entertained. This Court, taking note of the above facts and circumstances, without going into the merits of the claim as projected by the petitioner either in the appeal dated 27.03.2019 or in the present writ petition, directs the first respondent to entertain the appeal filed by the petitioner, if the papers are otherwise in order, and take up the petition for stay at the first instance and give a disposal,