Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice M. SUNDAR, R.N. Manjula
N.Thambanan S/o.Late Nallappagounder – Appellant
Versus
District Collector – Respondent
ORDER :
M. SUNDAR, J.
Captioned writ petition has been filed with a prayer for issue of a writ of certiorarified mandamus. In and vide certiorari limb of the prayer a notice signed by R3 on 07.05.2024 has been assailed. To be noted, caption to this notice says that it has been issued 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}. This notice shall hereinafter be referred to as 'impugned notice' for the sake of convenience and clarity.
2. In and vide the mandamus limb of the prayer, a consequent direction to respondents to take out 24 cents from and out of R.S.No.160 and include the same in R.S.Nos.139/1, 139/2, 140 and 140/9, all in Nallagoundanpalayam Village, Erode Taluk, Erode District has been sought. To be noted, the mandamus limb is predicated on 'judgment and decree of the civil Court dated 30.12.1997 made in O.S.No.1275 of 1996 on the file of learned Principal District Munsif Judge's Court, Erode' [hereinafter 'said civil Court decree' for the sake of convenience and clarity].
3. This Court deems it appropriate to scan and reproduce the impugned notice. We do so and scanned re
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 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.
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.
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.
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
