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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. Sundar, K. Govindarajan Thilakavadi, JJ
Roja Amma – Appellant
Versus
Secretary to the Government – Respondent
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 , 190
Notices for removal of encroachments must include specific survey numbers to ensure compliance with statutory requirements and allow for effective response.
Procedural compliance under the Tamil Nadu Land Encroachment Act is mandatory, and failure to issue a requisite prior notice invalidates subsequent actions taken by authorities.
A writ petition challenging proceedings under the Land Encroachment Act is premature if alternative remedies exist.
A show cause notice under the Tamil Nadu Land Encroachment Act does not justify a writ proceeding; the petitioner may submit explanations for the competent authority's consideration before any enforc....
Mandamus directs authorities to follow Tamil Nadu Land Encroachment Act procedure for encroachment removal.
Local authorities must provide due process and opportunity to respond before taking action on notices regarding land encroachments.
Judicial review in writ proceedings does not cover merits unless the notice is issued by an incompetent authority, focusing on jurisdiction under the Tamil Nadu Land Encroachment Act.
The court established that eviction proceedings must adhere to principles of natural justice, allowing encroachers to present objections before any coercive action is taken.
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