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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
M.S.RAMESH, A.D.MARIA CLETE
Selvam – Appellant
Versus
District Collector, Theni District – Respondent
ORDER :
A.D. Maria Clete, J.
Heard both sides.
2. The present writ petition challenges the eviction order dated 11.11.2024, issued under Section 6 of the Tamil Nadu Land Encroachment Act, 1905, by the second respondent, the Tahsildar, Andipatti Taluk.
3. The property in Survey No.911/20, Kovilpatti Village, Andipatti Taluk, Theni District, belonged to the petitioner's grandfather namely Vellaiyathevar. After the demise of his grandfather, the said property was inherited by his father, namely Peya Devar. The property in S.Nos. 911/20 and 911/1 are classified as Natham in the revenue records. Patta has been issued to his father in respect of the property in S.No.911/20. The petitioner inherited this property after the demise of his father. The petitioner has been in continuous possession of the property for over 30 years. A house was constructed by the petitioner and his father about 30 years ago, with an additional 60-year-old structure on the land.
4. The petitioner would submit that one Anbalagan encroached upon a public pathway situated on the west side of his property. One Saravanan and Sakthivel, on behalf of the village people, had filed a suit in O.S.No.130 of 2022 against the s
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.
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 established that eviction proceedings must adhere to principles of natural justice, allowing encroachers to present objections before any coercive action is taken.
Notices for removal of encroachments must include specific survey numbers to ensure compliance with statutory requirements and allow for effective response.
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