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2025 Supreme(Online)(Mad) 60544

IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.SUNDAR, HEMANT CHANDANGOUDAR, JJ
K.Balan S/o.Krishnan – Appellant
Versus
The District Collector Chennai District – Respondent
W.P.No.27122 of 2025 | W.M.P.No.30423 of 2025



Advocates:
For the Appellant: Mr.B.Sudhir Kumar
For the Respondents: Mr.A.Edwin Prabakar, Mr.T.K.Saravanan, Mr.D.B.R.Prabhu

The court affirmed the necessity of proper notice and the opportunity to respond before dispossession can occur under the Tamil Nadu Land Encroachment and Urban Local Bodies Acts.

Headnote:(A) Tamil Nadu Land Encroachment Act, 1905 - Section 7 - Tamil Nadu Urban Local Bodies Act, 1998 - Section 128 - The petitioner sought to quash a notice under these acts issued by certain governmental authorities regarding encroachment on land, asserting that such notice was not duly served and there was an imminent threat of dispossession. (Paras 2-6)

(B) Right to due process - The court emphasized the necessity for proper notice and an opportunity to be heard before any dispossession, as outlined in the applicable statutes. (Paras 5-6)

Facts of the case:
The petitioner contended that a previous order from the District Collector was not served, which prompted a writ petition seeking to quash the notice of encroachment against the specified land.

Findings of Court:
An interim order of status quo was issued to prevent any demolition or possession until the petitioner had an opportunity to challenge the Collector's order.

Issues: The main issue was whether the petitioner was given proper notice and the right to respond to the Collector's order.

Ratio Decidendi: The court ruled that without proper notice and the opportunity for the petitioner to challenge the order, dispossession cannot occur, maintaining status quo for legal proceedings.

Result: Writ Petition disposed of with observations on preservation of rights.

Table of Content
1. initial notice and events in the case. (Para 1 , 2)
2. court's recognition of improper notification. (Para 3 , 5)
3. interim orders regarding status quo. (Para 6 , 7)

[Order of the Court was made by M. SUNDAR, J.]

This order will now dispose of the captioned main 'Writ Petition'

{hereinafter 'WP' for the sake of brevity, convenience and clarity} and captioned 'Writ Miscellaneous Petition' {hereinafter 'WMP' for the sake of brevity, convenience and clarity} thereat.

2. Proceedings made in the aforesaid captioned main WP and captioned WMP thereat in the listing yesterday (21.07.2025) reads as follows:

'The facts that can be culled out from the case file (as of now) are as follows:

Sl. No. Date Event Remarks
1 22.04.2022 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} issued by R4 to writ petitioner's son Mr.Shaji
2 02.05.2022 Writ petitioner's reply to Section 7 notice
3 10.05.2023 DRO (CMRO) summons fixing 18.05.2023 at 11.00 a.m. as date and time for personal hearing Writ petitioner says writ petitioner attended on 18.05.2023 hearing
4 15.06.2024 Writ petitioner's representation
5 13.11.2024 Order of learned Single Judge in W.P.No.28658 of 2024 Directing disposal of 15.06.2024 representation
6 07.05.2025 Writ petitioner contends that there was a personal hearing before Collector Summons for personal hearing not available
7 16.05.2025 Learned State counsel submits that District Collector, Chennai has made an order Copy produced in Court today
Sl. No. Date Event Remarks
8 20.06.2025 Notice from GCC under Section 128 of The Tamil Nadu Urban Local Bodies Act, 1998 (Act 9 of 1999) (hereinafter referred to as the “TNULB Act” for the sake of convenience and clarity)

2. We are concerned with 'Survey No.117/2, T.S.No.2, Block 1, Erukancheri Village, Perambalur Taluk, Chennai District' (hereinafter 'said land'

for the sake of convenience and clarity).

3. Learned counsel for writ petitioner submits that he is under pain of dispossession/demolition but has not been served with the 16.05.2025 order adverted to supra.

4. Issue notice.

5. Mr.A.Edwin Prabhakar, learned Government Pleader, Government of Tamil Nadu accepts notice for all respondents and requests for a short accommodation to ascertain if aforereferred 16.05.2025 order of District Collector bearing reference Se.Mu.Aanai No.J9/3043497/2025 has been served on the writ petitioner.

6. In the light of the writ petitioner's assertion that he is under imminent threat of dispossession/demolition, there shall be an interim order of status quo i.e., status quo as of today. Both sides shall maintain status quo which means that neither the writ petitioner shall put up further construction nor there shall be any demolition/dispossession by the State.

7. List on 22.07.2025 in the Admission Board i.e., Motion List under the cause list caption 'NOTICE REGARDING ADMISSION'.'

3. Aforesaid proceedings shall now be read as an integral part and parcel of this order. This means that short forms, abbreviations and short references used in the earlier proceedings shall now continue to be used in the instant order too.

4. Today, Mr.B.Sudhir Kumar, learned counsel on record for writ petitioner, adverting to the tabulation in paragraph No.1 of our earlier order dated 21.07.2025 submits that S.No.7 i.e., '16.05.2025 order of R1' {hereinafter 'Collector's order' for the sake of brevity, convenience and clarity} has since been duly served on the writ petitioner yesterday. Learned counsel requests for a short window period to assail the Collector's order in a manner known to law. This request is acceded to.

5. This Court is acutely conscious that in any proceedings under Section 128 of 'The Tamil Nadu Urban Local Bodies Act, 1998 (Act 9 of 1999)' [hereinafter 'the TNULB Act' for the sake of brevity], a noticee will be given 15 days time to respond, and the Commissione

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