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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.SUNDAR, K .RAJASEKAR, JJ
Thamarai W/o.Ponnurangam – Appellant
Versus
District Collector District Collectorate – Respondent
ORDER :
M.SUNDAR, J.
Subject matter of captioned main 'Writ Petition' {hereinafter 'WP' for the sake of brevity, convenience and clarity} is 'property classified as 
in Thiruninravur Village, Avadi Taluk, Thiruvallur District' {hereinafter 'said lake' for the sake of brevity, convenience and clarity}.
2. Mr.N.Sudharsan, learned counsel on record for writ petitioners submits that said lake is comprised in S.No.301/1. We note this submission without expressing any view or opinion one way or the other. Main WP has been filed with a prayer to mandamus respondents i.e., forbear respondents from taking coercive action qua petitioners' dwelling houses in said lake. Learned counsel submits that writ petitioners were visited with notices in Form II under Rule 5(3) of 'the Tamil Nadu Protection of Tanks and Eviction of Encroachment Rules, 2007' {hereinafter 'Tanks Rules' for the sake of convenience, clarity and brevity} being notices dated 25.11.2024 and writ petitioners have responded to the notices by sending representations dated 02.12.2024.
3. Learned counsel for writ petitioners submits that writ petitioners are under pain of dispossession/eviction and therefore, the captioned WP has been f
The court emphasized the necessity for adherence to procedural requirements and principles of natural justice in eviction proceedings under the Tanks Act.
The court established that eviction proceedings must adhere to principles of natural justice, allowing encroachers to present objections before any coercive action is taken.
The central legal point established in the judgment is the requirement for observance of principles of natural justice in the context of encroachment notices, including the obligation for encroachers....
The need for the petitioner to submit documents to prove his right of possession and the respondent-authorities to pass orders on the reply/objection within a specified time.
The court emphasized the importance of proper legal procedure in encroachment cases, allowing the affected party to contest notices under the appropriate statutes.
Authorities issuing show-cause notices must adhere to designated roles and principles of natural justice, providing affected parties a chance to respond before any encroachment actions are taken.
Principles of natural justice must be followed, and a speaking order must be passed on objections before proceeding to remove encroachments.
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