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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 :
1. W.P.No.1416 of 2025 has been instituted challenging the proceedings of the District Collector, Kancheepuram, dated 10.12.2024. W.P.No.2413 of 2025 is filed challenging the notice dated 24.12.2024 issued under Section 7 of the Tamil Nadu Land Encroachment Act, 1905.
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.
3. The facts in brief are that the petitioner Trust namely M/s. Bhaktavachalam Educational Trust submitted an application to the Government to acquire lands for establishing Polytechnic College to an extent of 73.43 acres in the year 1961. Acting on the representation submitted by the petitioner Trust, the Government issued notification for acquisition of 73.47 acres of land to be ha
Previously established rights of government over land exempted from acquisition supersede petitions claiming lack of opportunity in eviction proceedings.
When patta has been granted to a third party and an inter se dispute exists with pending statutory appeal, encroachment removal proceedings cannot proceed and parties must resolve issues through prop....
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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