IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.SUNDAR, K.GOVINDARAJAN THILAKAVADI, JJ
Indhira – Appellant
Versus
State rep. By The District Collector, O/o. District Collector Office, Cuddalore District – Respondent
| Table of Content |
|---|
| 1. challenge to impugned orders (Para 2) |
| 2. counsel's submissions on notices (Para 3 , 4 , 5 , 6 , 7 , 8) |
| 3. state counsel's response (Para 9 , 10 , 13 , 14 , 16 , 17) |
| 4. validity of notices (Para 11 , 12) |
| 5. writ petition dismissed (Para 18) |
ORDER :
[M. SUNDAR, J.,]
In the captioned main 'Writ Petition' (hereinafter 'WP' for the sake of brevity), Mr.R.Thirumoorthy, learned counsel on record for writ petitioners is before us on VC (video conferencing) platform. Two other counsel on record viz., Mr.S.Arunkumar and Mr.J.Ganesh are before us in the physical Court. To be noted, this is a hybrid hearing which is a regular/routine/daily feature in this Court.
2. In the captioned main WP, inter-alia 'notices/orders under Section 6 of 'The Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905)' {hereinafter 'said 1905 Act' for the sake of brevity}' [hereinafter 'impugned orders' for the sake of convenience and clarity] have been assailed.
3. Learned counsel for writ petitioners submits that the impugned orders were not preceded by Section 7 notices.
4. Issue notice.
5. Mr.T.K.Saravanan, learned Government Advocate accepts notice for all four respondents.
6. Learned State c


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.
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.
A writ petition challenging proceedings under the Land Encroachment Act is premature if alternative remedies exist.
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.
Impugned notices were set aside due to lack of jurisdiction to issue under the Tamil Nadu Land Encroachment Act, 1905.
The court emphasized that disputes regarding land ownership under the Tamil Nadu Land Encroachment Act should be resolved through statutory appeals, affirming the Act's status as a self-contained cod....
The authority can act on public land regardless of pending litigation if the land is classified as 'Street'.
The court emphasized the right to appeal under the Tamil Nadu Land Encroachment Act, directing that appeals be entertained irrespective of limitation for fair resolution.
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.
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