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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
| Table of Content |
|---|
| 1. petitioner's claim involves a writ for certiorarified mandamus. (Para 1 , 2) |
| 2. court reviews counter affidavits and representations. (Para 3 , 6 , 9 , 14) |
| 3. arguments address public policy and claim validity. (Para 7 , 8 , 11 , 12) |
| 4. civil court decree mandates rectification of revenue records. (Para 10) |
| 5. the directive for compliance and enforcement of rights established. (Para 13 , 15) |
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 Di
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.
A writ petition challenging proceedings under the Land Encroachment Act is premature if alternative remedies exist.
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.
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