IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. SUNDAR, R. SAKTHIVEL, JJ
N. Balasubramanian – Appellant
Versus
The Thasildhar Ariyalur Taluk Ariyalur District – Respondent
| Table of Content |
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| 1. establishment of the tamil nadu land encroachment act as a self-contained code. (Para 8 , 9) |
| 2. preservation of rights and legal processes for both parties. (Para 10) |
| 3. court preserved legal rights for both parties. (Para 11) |
8. In this regard, before proceeding further, it is deemed appropriate to write that this Court, in order dated 29.04.2025 in W.P.Nos.8355 and 8357 of 2022 and W.M.P. Nos.8324 and 8237 of 2022 thereat, respectfully adverting to the Girnar principle, i.e., declaration of law made by a Constitution Bench of the Hon'ble Supreme Court in Girnar Traders (3) vs. State of Maharashtra reported in (2011) 3 SCC 1, held that said 1905 Act is a self contained Code. To be noted, Girnar principle is one where Hon'ble Supreme Court declared the law as regards what would be a self- contained Code. It was held that a statute, which is a complete legislation with regard to the purpose for which it is enacted and provides for complete machinery to deal with purposes sought to be achieved by the statute with dependence on other legislations being absent or at best minimal, is a self-contained Code.
9. In this context, as regards said 1905 Act, inter alia, there is
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