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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 :
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.
4. Mr.T.K.Saravanan, learned Additional Government Pleader, who accepted notice for all six respondents, submitted on instructions that the impugned order was preceded by a notice under Section 7 of said 1905 Act being a notice signed by R6 on 16.12.2024. Learned State counsel submitted, on instructions, that the notice under Section 7 of said 1905 Act was received by writ petitioner's spouse Mr.Paramasivam. In support of his contention, learned counsel has placed before us the Section 7 notice together with acknowledgment of receipt by writ petitioner's spouse and a scanned reproduction of the same is as follows:
6. Nonetheless the writ petitioner wanted to advance some more arguments and therefore, the main
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.
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 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....
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