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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.SUNDAR, K.RAJASEKAR, JJ
Vinoth Subramaniyan S/o. Subramaniyan – Appellant
Versus
District Collector Collector Office Erode – Respondent
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
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.
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 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.
Eviction orders under the Tamil Nadu Land Encroachment Act must be reasoned and adhere to procedural fairness, requiring consideration of objections raised by the alleged encroacher.
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 established that eviction proceedings must adhere to principles of natural justice, allowing encroachers to present objections before any coercive action is taken.
Eviction orders under the Tamil Nadu Land Encroachment Act must be accompanied by a reasoned explanation and proper verification of facts, failing which they are deemed invalid.
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