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.

ORDER :

[Order of the Court was made by M.SUNDAR, J.,]

Captioned five main 'Writ Petitions' {hereinafter 'WPs' for the sake of brevity} have been filed with prayers for issue of writ of certiorari qua 'five notices / orders, all signed by R6 on 10.01.2025' {hereinafter 'impugned orders' collectively for the sake of brevity, convenience and clarity}.

2. Adverting to five impugned orders, Mr.P.V.Balasubramaniam, learned Senior Counsel, instructed by Mr.Roshan Atiq .M, counsel on record for writ petitioners submits that all five impugned orders were served on the respective noticees (writ petitioners) on 22.01.2025. In his campaign against impugned orders, learned Senior Counsel submits that impugned orders are wholly without jurisdiction as R6 is not one of four authorities, who are empowered to issue / pass impugned orders.

3. Issue notice.

4. Mr.T.K.Saravanan, learned Government Advocate accepts notice for all 7 respondents and submits on instructions that R6 is not an 'authorized officer' within the meaning of 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}. This fair submission makes the legal drill qua captioned main WPs simple and inter alia therefore, with the consent of learned counsel on both sides, main WPs are taken up in the Admission Board itself.

5. As regards Section 6 of said 1905 Act, the same reads as follows:

'6. Liability of person unauthorisedly occupying land to summary eviction, forfeiture of crops etc., (1) Any person unauthorisedly occupying any land for which he is liable to pay assessment under Section 3 or Section 3-A may be summarily evicted by the Collector, or subject to his control, by the Tahsildar or Deputy Tahsildar or any other officer authorized by the State Government in this behalf (hereinafter referred to as the 'authorized officer') and any crop or other product raised on the land shall be liable to forfeiture and any building or other construction erected or anything deposited thereon shall also, if not removed by him after such written notice as the Collector or subject to his control, the Tahsildar or Deputy Tahsildar or authorized officer may deem reasonable, be liable to forfeiture. Forfeitures under this section shall be adjudged by the Collector or subject to his control by the Tahsildar or Deputy Tahsildar or authorized officer and any property so forfeited shall be disposed of as the Collector or subject to his control, the Tahsildar or Deputy Tahsildar or authorized officer may direct.

(2) Mode of eviction. - An eviction under this Section shall be made in the following manner, namely : - By serving a notice in the manner provided in Section 7 on the person reputed to be in occupation or his agent requiring him within such time as the Collector or the Tahsildar or Deputy Tahsildar or the authorized officer may deem reasonable after receipt of the said notice to vacate the land, and if such notice is not obeyed, by removing or deputing a subordinate to remove any person who may refuse to vacate the same, and if the officer removing any such person shall be resisted or obstructed by any person, the Collector or the Tahsildar or Deputy Tahsildar or authorized officer shall hold a summary inquiry into the facts of the case, and if satisfied that the resistance or obstruction was without any just cause and that such resistance or obstruction still continues, may issue a warrant for the arrest of the said person and on his appearance commit him to close custody in the office of the Collector or of any Tahsildar or Deputy Tahsildar or authorized officer for such period not exceeding 30 days as may be necessary to prevent the continuance of such obstruction or resistance or may send him with a warrant in the form of the schedule for imprisonment in the civil jail of the District for the like period :

Provided that no person so committed or imprisoned under this Section shall be liable to be prosecuted un