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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.SUNDAR, HEMANT CHANDANGOUDAR, JJ
K.Shanmugavel Mudaliar – Appellant
Versus
The District Collector Chengalpet District Chengalpet – Respondent
| Table of Content |
|---|
| 1. property classification dispute under land encroachment act. (Para 1 , 7) |
| 2. inadequate notice period challenges the legality. (Para 2 , 3) |
| 3. demolition of structures raises legal concerns. (Para 4) |
| 4. self-contained nature of the statute. (Para 6 , 10) |
| 5. the court mandates procedural compliance. (Para 8 , 9) |
| 6. final decision directing statutory consideration. (Para 12) |
[Order of the Court was made by M.SUNDAR, J.,]
Though a very expansive prayer has been made, Mr.T.Sai Krishnan, learned counsel for writ petitioners very fairly submitted that he would predicate his campaign in the captioned 'Writ Petition' ['WP' for the sake of brevity] on the point that sufficient time has not been given to the writ petitioners to respond to a notice under Section 7 of 'the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905)' (hereinafter 'said
1905 Act' for the sake of brevity) .
2. Elaborating on the above point, learned counsel drew our attention to a notice under Section 7 of said 1905 Act issued by R5. This notice is dated 17.03.2025 but learned counsel submits that it has been served on the first writ petitioner only on 27.03.2025. It was pointed out that the
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