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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice M. SUNDAR, K.GOVINDARAJAN THILAKAVADI
Ganesan – Appellant
Versus
Commissioner – Respondent
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 Village, Tambaram Corporation, Zone – 2, Chengalpattu District and the brick and mortar superstructure standing on the same' [hereinafter 'said property' for the sake of convenience and clarity].
3. Learned counsel for writ petitioners submits that R1 does not have the authority to issue SCNs as the same are under the 'Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007 (Tamil Nadu Act 8 of 2007)' {hereinafter 'Tanks Act' for the sake of conveni
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.
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....
The need for the petitioner to submit documents to prove his right of possession and the respondent-authorities to pass orders on the reply/objection within a specified time.
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