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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice M. SUNDAR, R.N.Manjula
Masjid-E-Khuba Muslim – Appellant
Versus
District Collector Kancheepuram District – Respondent
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 al
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.
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 court clarified that the impugned order was a final order under Section 10 of the Tamil Nadu Land Encroachment Act, allowing for statutory revision as an alternate remedy.
The court held that the writ petitioner has an effective alternate remedy through a statutory appeal under Section 10 of the Tamil Nadu Land Encroachment Act, 1905, and thus the writ petition was dis....
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....
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 emphasized that disputes regarding land ownership under the Tamil Nadu Land Encroachment Act should be resolved through statutory appeals, affirming the Act's status as a self-contained cod....
The court emphasized the need to protect the petitioner's interest until the Statutory Appeal is disposed of, considering the nature of the land and the lack of opportunity for a fair hearing.
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 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.
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