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 :
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.
3. Learned counsel for writ petitioners submits that the impugned orders were not preceded by Section 7 notices.
5. Mr.T.K.Saravanan, learned Government Advocate accepts notice for all four respondents.
7. Owing to the limited scope of the captioned main WP, captioned main WP was taken up in the Admission Board/Motion List with the consent of learned counsel on both sides.
(i) Impugned orders were not preceded by notices under Section 7 of said 1905 Act (already alluded to supra);
9. In response to the aforesaid two points, learned State counse


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.
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 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.
Litigants must exhaust alternative remedies provided by law before resorting to writ petitions, as per the Tamil Nadu Land Encroachment Act, 1905.
The court affirmed that the Appellate Authority under the Tamil Nadu Land Encroachment Act has the power to stay execution of orders and that the Alternative Remedy rule is not absolute but discretio....
Civil rights from a decree persist beyond execution limits, necessitating compliance by authorities with prior orders despite challenges on classification.
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