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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.SUNDAR, K.GOVINDARAJAN THILAKAVADI, JJ
Dhanalakshmi W/o Paramasivam – Appellant
Versus
District Collector Namakkal – Respondent
| Table of Content |
|---|
| 1. petitioner argues lack of notice (Para 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 2. statutory appeal is proper remedy (Para 12 , 13 , 14 , 15) |
| 3. writ petition dismissed (Para 16) |
ORDER :
1. Captioned main 'Writ Petition' ['WP' for the sake of brevity] has been filed with a certiorarified mandamus prayer. Certiorari limb of the prayer assails a notice / order {signed on 25.01.2025 by R4 (Thasildhar, Mohanur Taluk, Namakkal District)}. This notice/order has been made 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 convenience] and shall hereinafter be referred to as 'impugned order' for the sake of brevity, convenience and clarity. To be noted, the mandamus limb of the prayer seeks a directive to R4 to consider petitioner's notice through lawyer (styled as 'Reply Notice') dated 18.12.2024.
2. At the outset, Mr.G.Anbuchezheiyan, learned counsel for writ petitioner contended that the impugned order was not preceded by a notice under Section 7 of said 1905 Act. In other words, writ petitioner was not show-caused before making of impugned order is learned counsel's say.
3. Issue notice
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 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 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.
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 proceedings under the Land Encroachment Act is premature if alternative remedies exist.
Civil rights from a decree persist beyond execution limits, necessitating compliance by authorities with prior orders despite challenges on classification.
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 court clarified that the impugned order was a final order under Section 10 of the Tamil Nadu Land Encroachment Act, allowing for statutory revision as an alternate remedy.
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.
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