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HIGH COURT OF MADRAS
Hon`ble Mr.Justice R.SUBRAMANIAN
Mahalakshmi. B – Appellant
Versus
The District Collector – Respondent
Encroachment - Writ Petition - Tamil Nadu Urban Local Bodies Act - Section 128 - Court interpreted provisions allowing local authorities to remove encroachments, emphasizing procedural adherence including the requirement for a show cause notice.
Fact of the Case:
The writ petition challenges the directive for the petitioner to remove an alleged encroachment, asserting rights over land based on an existing patta.
Finding of the Court:
The court found that proper procedure under Section 128 was not followed, allowing the notice to be treated as a show cause notice while ensuring the petitioner could respond before any eviction order.
Issues: Whether the procedure outlined in Section 128 for the removal of encroachments was properly adhered to by the authorities.
Ratio Decidendi: The court held that any order of eviction must comply with the procedural requirements, particularly issuing a show cause notice before enforcing such an action.
Final Decision: Writ Petition disposed of, subject to compliance with procedural requirements.
O R D E R
[Order of the Court was made by R.SUBRAMANIAN, J.]
The challenge in this Writ Petition is to the proceedings of the fourth respondent, requiring the petitioner to remove the encroachment allegedly made by her in Survey No.622/3 to an extent of 0.27 Sq. meter.
2.The petitioner would claim that she has been favoured with patta for about 5 centiares in Survey No.621/23 and she has been in possession of the same. The fact that there has been an encroachment by her, has been denied. The impugned proceedings has been issued pursuant to the order of this Court made in W.P.Nos.15019 of 2023 and 26201 of 2023, launched by the fifth respondent in this Writ Petition. Since the land in question is claimed to be classified as road and vests in the Selection Grade Town Panchayat, the relevant provision would be Clause (b) of Sub section (1) of Section 128 of the Tamil Nadu Urban Local Bodies Act, 1998, which enables removal of encroachment by the Executive Officer of the Local Authorities and also requires the said Officer to issue a show cause notice returnable by seven days and thereafter, consider the objections, if any received and pass an order of eviction.
3.A perusal of the order impugned in these proceedings would show that the said procedure was not adopted. The Authority has directed the petitioner to remove the encroachment. Though the notice is flawed, we direct the notice to be treated as show cause notice issued under Clause (b) of Subsection (1) of Section 128 , the petitioner will submit his reply within a period of seven days from today, to the Execution Officer who will consider the same and pass appropriate order under proviso to Section 128 . The Authorities will conduct the survey, if required.
4.The Writ Petition is disposed of with the above observation. No Costs. Consequently, connected miscellaneous petitions are closed.
[R.S.M., J.] [L.V.G., J.]
13.08.2024 NCC : No Index : No Internet : Yes Mrn/Sml R.SUBRAMANIAN , J .
and L.VICTORIA GOWRI , J .
Mrn/Sml To
1.The District Collector, Pudukkottai District, Pudukkottai.
2.The Revenue Divisional Officer, Illupur, Pudukkottai District.
3.The Tahsildar, Kulathur Taluk, Pudukkottai District.
4.The Executive Officer, Selection Grade Town Panchayat, Keeranur, Pudukkottai District.
W.P.(MD) No.3664 of 2024
13.08.2024
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