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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. Sundar, K. Govindarajan Thilakavadi, JJ
K. Guna – Appellant
Versus
Home Secretary, Government of Tamil Nadu, Fort St. George, Chennai – Respondent
ORDER :
[M. SUNDAR, J.]
Captioned main 'writ petition' (hereinafter 'WP' for the sake of brevity) has been filed with a prayer for issue of a writ of certiorarified mandamus. In and vide the certiorari limb, an order/notice signed on 06.03.2025 by R7 (Tahsildar) {hereinafter 'impugned order/notice' for the sake of convenience and clarity} has been assailed. To be noted, the impugned order/notice has been made under Section 6 of 'the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905)' (for brevity 'said 1905 Act'). In and vide the mandamus limb, the writ petitioner has sought a consequent direction to the first four of the seven official respondents {to be precise, RR 1 to 4} to grant permission to the writ petitioner to live in the same place, i.e., S.No.729 in Sundaravilagam Village, Tiruvarur Taluk, Tiruvarur District (hereinafter 'said property' for the sake of convenience and clarity).
2. Mr. M. Rajasekaran, learned counsel on record for the writ petitioner, adverting to the impugned order/notice, submits that the impugned order/notice shows that it was preceded by a notice under Section 7 of said 1905 Act but no such notice was received by the writ petitioner.
3.
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 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 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.
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 is a self-contained code that mandates a response to a show cause notice before any removal proceedings can be concluded.
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 allowing for a structured process regarding encroachments and appeals, ensuring rights preservation for all parties involved.
Litigants must exhaust alternative remedies provided by law before resorting to writ petitions, as per the Tamil Nadu Land Encroachment Act, 1905.
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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