The court emphasized the importance of providing an opportunity to respond to a show-cause notice before passing an adverse order.

Headnote:
LAND ENCROACHMENT - SHOW CAUSE NOTICE - ADDITIONAL REPLY - [Tamil Nadu Land Encroachment Act, 1905, Section 7]
Fact of the Case:

The petitioners challenged a show-cause notice issued under Section 7 of the Tamil Nadu Land Encroachment Act, 1905, seeking to file an additional reply.
Finding of the Court:

The court allowed the petitioners to file an additional reply within seven days and directed the respondent authorities to consider the same before passing an order under Section 6 of the Act.
Issues: Whether the petitioners could file an additional reply to the show-cause notice.
Ratio Decidendi: A show-cause notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905, is an opportunity for the recipient to respond before an order is passed under Section 6. The petitioners had already submitted a reply, but the court allowed them to file an additional reply to ensure a fair hearing.
Final Decision: The court disposed of the writ petition and allowed the petitioners to file an additional reply. The respondent authorities were directed to consider the additional reply before passing an order under Section 6 of the Act.

ORDER

(Made by the Hon-ble Chief Justice) We have heard Mr.V.Raghavachari, Senior Counsel for the petitioners and Mr.C.Kathiravan, learned Special Government Pleader, appearing for respondents.

2. On 18.01.2024, we had passed the following order: The petitioner is challenging the notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905. The said notice is a show cause notice; wherein an opportunity is given to the petitioner to file a reply. After the reply is filed by the petitioner, then the authority has to consider the said reply and pass an order under Section 6 of the Act. If an order, adverse to the interest of the petitioner, is passed under Section 6 of the Act, then the petitioner has a remedy of appeal under Section 10 of the Act. 3. Notice issued to the petitioners under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 is a show~cause notice. The learned Senior Counsel for the petitioners submits that a reply has already been submitted by the petitioners. The petitioners seek to file additional reply to the said notice. 4. The petitioners may file additional reply within seven days from today. If additional reply is filed, the respondent authorities shall consider the said reply before passing order under Section 6 of the Act of 1905. 5. The writ petition stands disposed of accordingly. There shall be no order as to costs. Consequently, WMP No.936 of 2024 is closed. 6. WMP No.935 of 2024 filed to permit the petitioners to file a single writ petition is allowed and disposed of. (S.V.G., CJ.) (D.B.C., J.) 08.03.2024 Index : Yes/No Neutral Citation : Yes/No tar To 1.The Revenue Inspector, Saravanampatty, Coimbatore 2.The Tahsildar, Coimbatore North 3.The Revenue Divisional Officer, Coimbatore 641 018 4.The District Revenue Officer, Coimbatore 641 018 5.The District Collector, Coimbatore 641 018 6.The Commissioner of Land Administration, Chepauk, Chennai 600005 7.The Member Secretary, Local Planning Authority, Tatabad, Coimbatore 641 012 8.The Director, Directorate of Town and Country Planning Chennai 600107 9.The Housing Secretary, Housing and Urban Development Department, Government of Tamil Nadu, Chennai

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