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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.SUBRAMANIAM, C.KUMARAPPAN
A. Vamanan, President M/s. Bhaktavatsalam Educational Trust – Appellant
Versus
District Collector, Kancheepuram – Respondent
| Table of Content |
|---|
| 1. court's determination to dismiss writ petitions based on established encroachment. (Para 1) |
| 2. background on land acquisition and exemption affecting present claims. (Para 3 , 4) |
| 3. discussions on due process in eviction notices and implications for future actions. (Para 9 , 10) |
| 4. final ruling on enforcement actions concerning encroached lands. (Para 20) |
ORDER :
2. Notice under Section 7 of the Tamil Nadu Land Encroachment Act was issued in pursuance to the proceedings of the District Collector, Kancheepuram dated 10.12.2024.
4. The authorities, during investigation, found that a portion of the Government land classified as “Thoppu Poramboke” was encroached upon by the petitioner Trust and a notice was issued by the Revenue Divisional Officer, Kancheepuram, in proceedings dated 22.11.1993. The said notice would show that exemption notification issued in respect of 19.3 acres of land and the said land vests with the Government absolutely. The petitioner Trust was requested to explain as to why action should not be taken for eviction in respect of illegal possession in S.No.354/4 & 5 invoking the provisions of relevant Act.
These writ appeals are filed against the order
Previously established rights of government over land exempted from acquisition supersede petitions claiming lack of opportunity in eviction proceedings.
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.
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