The court affirmed the authority of the 3rd respondent under Section 7 of the Tamil Nadu Land Encroachment Act to issue a show cause notice, requiring the petitioner to respond.

ORDER

[Order of the Court was made by J.NISHA BANU, J.

By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

2.The show cause notice issued by the 3^rd respondent under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 (hereinafter referred to as 'the Act'), dated 21.01.2025 is under challenge in this Writ Petition on the ground that the 3^rd respondent is not the competent authority to issue the impugned show cause notice.

3.At the outset, this Court is of the view that the impugned notice is only a show cause notice, seeking explanation from the petitioner, for which the petitioner has to give her reply. Instead of doing so, she has approached this Court. Further, the 3^rd respondent is the competent authority under Section 7 of the Act, which is extracted hereunder:-

“7.Prior notice to person in occupation.- Before taking proceedings [under section 6] [Substituted by section 4 of the Tamil Nadu Land Encroachment (Amendment) Act, 1965 (Tamil Nadu Act 26 of1965) for the words, figure and letter 'under section 5, section 5-A or section 6' which were substituted for the words and figures 'under section 5 or section 6' by section 4 of, and the Second Schedule to, the Tamil Nadu (Transferred Territory) Extension of Laws Act, 1960 (Tamil Nadu Act 23 of 1960).], the Collector [or Tahsildar, [or Deputy Tahsildar or Revenue Inspector or any authorized officer or] [The words 'or Tahsildar, or Deputy Tahsildar, as the case may be' were inserted by section 2 of the Tamil Nadu Act VIII of 1914.] [any other officer specified by the State Government in this behalf (not being an authorised officer) (hereinafter referred to as the 'specified officer')] [Substituted for the words 'any officer of the Highways Department, not below the rank of a Section Officer and not being an authorised officer' by section 2(i) of the Tamil Nadu Encroachment (Amendment) Act, 1975 (Tamil Nadu Act 20 of 1975).], as the case may be,] shall cause to be served on the person reputed to be in unauthorised occupation of land being The [the property of Government] [words 'Crown property' were substituted for the words 'the property of Government' by the Adaptation Order of 1937 and the words 'the property of Government' were substituted for 'Crown property' by the Adaptation (Amendment) Order of 1950.] a notice specifying the land so occupied and calling on him to show cause before a certain date why he should not be proceeded against [under section 6.] [Substituted by section 4 of the Tamil Nadu Land Encroachment (Amendment) Act, 1965 (Tamil Nadu Act 26 of 1965) for the words, figure and letter 'under section 5, section 5-A or section 6' which were substituted for the words and figures 'under section 5 or section 6' by section 4 of, and the Second Schedule to, the Tamil Nadu (Transferred Territory) Extension of Laws Act, 1960 (Tamil Nadu Act 23 of 1960).]

Such notice shall be served in the manner prescribed in section 25 of the [Tamil Nadu] [Substituted for the words 'Madras' by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969, which came into force on the 14th January 1969.] Revenue Recovery Act, 1864 ([Tamil Nadu] [Substituted for the word 'Madras' by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969, which came into force on the 14th January 1969.] Act II of 1864), of or in such other manner as the [State Government] [The words 'Provincial Government' were substituted for the words 'Local Government' by the Adaptation Order, 1937 and the word 'State' was substituted for 'Provincial' by the Adaptation Order of 1950.] by rules or orders under section 8 may direct:

[Provided that no such notice shall be necessary in the case of any person unauthorisedly occupying any land, if he has been previously evicted from such land under section 6 or if he has previousl