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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.Sundar, R.N.Manjula
M.Prabakaran – Appellant
Versus
District Collector – Respondent
ORDER :
M.SUNDAR, J.
Captioned main 'Writ Petition' (hereinafter 'WP' for the sake of brevity) has been filed with a prayer for issue of writ of certiorarified mandamus. In and vide certiorari limb of the prayer, a 'notice dated 16.05.2024 issued by R6 (The Revenue Inspector, Kattankolathur Circle (FIRKA), Chengalpattu – 603 203) under Section 7 of 'The Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905)' {hereinafter 'said 1905 Act' for the sake of brevity}' [hereinafter 'impugned notice' for the sake of brevity, convenience and clarity] has been assailed. In and vide mandamus limb, there is a prayer to consider the representation dated 27.09.2024 seeking compensation under what is described as 'New Act' as regards what is described as patta land and building in 'Survey No.43B2/6 in Pallikaranai Village, Chengalpet Taluk, Chengalpet District' (hereinafter 'said land' for the sake of convenience and clarity).
2. Notwithstanding very many averments in the writ affidavit, Mr.M.Balasubramanian, learned counsel on record for writ petitioners predicated his campaign against the impugned notice issued by R6 on one solitary/sole point and that solitary/sole point is, impugn
A writ petition challenging jurisdictional notice under the Tamil Nadu Land Encroachment Act requires factual determination, and jurisdictional claims cannot be settled without due process.
Civil rights from a decree persist beyond execution limits, necessitating compliance by authorities with prior orders despite challenges on classification.
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.
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 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 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.
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