The Tamil Nadu Land Encroachment Act is a self-contained code allowing for a structured process regarding encroachments and appeals, ensuring rights preservation for all parties involved.

ORDER :

M.SUNDAR, J.

This common order will now govern the captioned two 'Writ Petitions' {'WPs' for the sake of brevity, convenience and clarity} and captioned two 'Writ Miscellaneous Petitions' {'WMPs' for the sake of brevity, convenience and clarity} thereat.

2. 'W.P.No.14326 of 2024' shall hereinafter be referred to as 'I WP' for the sake of brevity, convenience and clarity. 'W.P.No.15208 of 2024' shall hereinafter be referred to as 'II WP' for the sake of brevity, convenience and clarity.

3. Subject matter of captioned WPs is 'land comprised in S.No.405/14 in Athanoor Village, Kundrathur Taluk, Kanchipuram District' {'said land' for the sake of brevity, convenience and clarity}.

4. Mr.N.A.Nissar Ahmed, learned Senior Counsel, instructed by Mr.N.A.Nasir Hussain, counsel on record for writ petitioner, Mr.T.K.Saravanan, learned Additional Government Pleader for R1 to R4 and Mr.Mohammed Fayaz Ali, learned Standing Counsel for the Tamil Nadu Wakf Board (R5) are before us. To be noted, writ petitioner and respondents are the same in I WP as well as II WP.

5. Genesis of the matter at hand is a writ petition being W.P.No.24987 of 2017 filed by one Mr.T.Tamilamuthan, seeking demolition of alleged illegal constructions at two parks in TTC Nagar, 6th Cross Street, Aathanoor Village, Madambakkam Post, Sriperumbudur Taluk, Kancheepuram District. To be noted, structures sought to be demolished stand in said land. This writ petition came to be disposed of by another Hon'ble Division Bench in and by an order dated 08.02.2023 directing the jurisdictional Tahsildar to remove the encroachments in said land but by following due procedures contemplated under law. To be noted, this order came to be made by other Hon'ble Division Bench after taking judicial cognizance of a status report filed by the jurisdictional Tahsildar.

6. In the interregnum, in and by a plaint dated 23.04.2024, writ petitioner before us filed a suit in O.S.No.11 of 2024 on the file of the Tamil Nadu Wakf Tribunal with a prayer to declare said land as a Wakf by user. This suit is pending.

7. Pursuant to the aforementioned order dated 08.02.2023 made by another Hon'ble Division Bench, R2 has made proceedings dated 25.05.2024 bearing reference No.Na.Ka.1874/2022/Aa2 which is the impugned order in II WP. The aforementioned order shall hereinafter be referred to as 'II impugned order' for the sake of brevity, convenience and clarity'. In and by II impugned order, R2 inter alia directed the proceedings to be initiated under 'the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905)' {hereinafter 'said 1905 Act' for the sake of brevity, convenience and clarity}. Be that as it may, even prior to this II impugned order, R3 has issued a notice under Section 7 of said 1905 Act. In Section 7 notice, writ petitioner is a noticee, writ petitioner / noticee has sent a response and thereafter, R2 has made an order under Section 6 of said 1905 Act being order signed by R2 on 25.05.2024. To be noted, in I WP, Section 7 notice dated 23.04.2024 issued by R3 has been assailed and this notice shall hereinafter be referred to as 'I impugned order' for the sake of brevity, convenience and clarity.

8. This Court has repeatedly held that 'the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905)' which is being referred to as 'said 1905 Act' is a self contained Code. The reason inter-alia is that there is a provision to have the alleged encroacher show caused under Section 7 followed by an order (considering the cause shown). The order under Section 6 is appealable under Section 10 [District Collector is the appellate authority] and there is a provision for further revision to th