Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice M. SUNDAR, K.GOVINDARAJAN THILAKAVADI
Ganesan – Appellant
Versus
Commissioner – Respondent
| Table of Content |
|---|
| 1. impugned notices challenged by the writ petitioners. (Para 1 , 2) |
| 2. jurisdiction and authority of r1 under tanks act discussed. (Para 3 , 5) |
| 3. importance of proper notice and procedural adherence. (Para 4) |
| 4. court's observations on jurisdiction and procedures under the tanks act. (Para 6 , 7 , 8 , 10 , 11 , 12 , 13) |
| 5. t.k.shanmugam case principles governing encroachment removal. (Para 9) |
| 6. final order setting aside impugned notices. (Para 14) |
ORDER :
M.SUNDAR, J.
In captioned 'Writ Petitions' ['WPs' in plural and 'WP' in singular for the sake of brevity], two notices, both signed by R1 (Commissioner, Tambaram Municipal Corporation) on 12.08.2024 and captioned 'Show- cause Notice' ['SCN' in singular and 'SCNs' in plural for the sake of brevity] have been assailed. These two notices shall be collectively referred to as 'impugned notices' for the sake of brevity, convenience and clarity.
2. Mr.G.Mohammed Aseef, learned counsel on record for the writ petitioners is before us. Adverting to the impugned notices, learned counsel submits that the subject matter of impugned notices is 'land comprised in Survey No.372/1, Town Survey No.2, Ward G, Block 5 in Jameen Pallavaram V
Authorities issuing show-cause notices must adhere to designated roles and principles of natural justice, providing affected parties a chance to respond before any encroachment actions are taken.
Writ petitions concerning removal of encroachments on designated water bodies must adhere to the principles of natural justice, allowing affected parties the opportunity to respond before any action ....
Only specified officers under the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act have jurisdiction to issue eviction notices, making any notice by the Panchayat President invalid.
The court established that eviction proceedings must adhere to principles of natural justice, allowing encroachers to present objections before any coercive action is taken.
The court emphasized the importance of proper legal procedure in encroachment cases, allowing the affected party to contest notices under the appropriate statutes.
The central legal point established in the judgment is the requirement for observance of principles of natural justice in the context of encroachment notices, including the obligation for encroachers....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
