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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.SUNDAR, K.RAJASEKAR, JJ
C. Muniyammal – Appellant
Versus
District Collector Vengikkal Tiruvannamalai Tiruvannamalai District – Respondent
ORDER :
M.SUNDAR, J.
Captioned four main 'Writ Petitions' {hereinafter 'WPs' in plural and 'WP' in singular for the sake of brevity} have been filed assailing four separate notices, all dated 15.06.2023, issued by R5 [The President, Padavedu Village Panchayat, Padavedu, Polur Taluk, Tiruvannamalai District] under Section 7 of 'the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905)' {hereinafter 'said 1905 Act' for the sake of brevity} which shall hereinafter be collectively referred to as 'impugned notices' for the sake of convenience and clarity.
2. Notwithstanding very many averments and grounds in the writ affidavit, Mr. J. Ashok, learned counsel on record for writ petitioners, predicated his campaign against impugned notices on one point and that one point is that impugned notices have been issued by an authority, who does not have power to issue the notice under Section 7 of said 1905 Act.
3. Issue notice to respondents.
4. Mr. V. Ravi, learned Special Government Pleader, accepts notice for all respondents.
5. Learned Special Government Pleader, on instructions, submitted that R5 is vested with power to issue notice under Section 7 of said 1905 Act.
6. Considering th
Impugned notices were set aside due to lack of jurisdiction to issue under the Tamil Nadu Land Encroachment Act, 1905.
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 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 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 is a self-contained code that mandates a response to a show cause notice before any removal proceedings can be concluded.
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.
Orders issued under Section 6 of the Tamil Nadu Land Encroachment Act by unauthorized officers are void for lack of jurisdiction, necessitating the issuance of proper notices under Section 7.
Civil rights from a decree persist beyond execution limits, necessitating compliance by authorities with prior orders despite challenges on classification.
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