The authority must consider the say and the documents before passing orders under Section 6 of the Tamil Nadu Land Encroachment Act, 1905.

Rev.Aplw.No.231 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.12.2023

CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE

AND

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

Rev.Aplw.No.231 of 2023

1. G.Murugan

2. M.Umapathy

..

Applicants

Vs.

1. K.Kathirivel

2. Additional Personal Assistant to Collector (Land)

District Collector Office, Salem District.

3. Revenue Inspector

Veerapandi Firka, Salem South Taluk

Salem District.

4. Tahsildar

Salem South Taluk, Salem District.

5. Bomma Naicker

..

Respondents

Prayer: Petition filed under Order XLVII, Rule 1 of the Code of Civil

Procedure, 1908 r/w Section 114 of the Code of Civil Procedure, 1908

seeking review of the order dated 14.12.2022 in W.P.No.33555 of

2022.

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Rev.Aplw.No.231 of 2023

For the Applicants

: Mr.G.K.R.Pandiann

For the Respondents

: Mrs.R.Anitha

Special Government Pleader

for R2 to R4

ORDER

(Made by the Hon'ble Chief Justice)

Heard Mr.G.K.R.Pandiann, learned counsel for the applicants and

Mrs.R.Anitha, learned Special Government Pleader for respondents 2

to 4.

2. The application is filed seeking review of the order dated

14.12.2022 in W.P.No.33555 of 2022.

3. This Court has not adjudicated about any encroachment in

existence. It only states that notice under Section 7 of the Tamil Nadu

Land Encroachment Act, 1905 [for brevity, “the Act of 1905”] is issued,

however, subsequent order under Section 6 of the Act of 1905 is not

passed. After issuance of notice under Section 7 of the Act of 1905,

naturally, the party to whom the said notice is issued has an

opportunity to file a say along with all the relevant documents relied by

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Rev.Aplw.No.231 of 2023

him. The authority has to consider the say and the documents before

passing orders under Section 6 of the Act of 1905.

4. Learned counsel for the applicants submits that patta is issued

in favour of the present applicants. Naturally, all these aspects have to

be considered by the authority, before passing orders under Section 6

of the Act of 1905.

5. In the light of that, the review application need not be

considered on merits. The review application, accordingly, stands

disposed of. There will be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.)

15.12.2023

Index

:

Yes/No

Neutral Citation

:

Yes/No

drm

To

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Rev.Aplw.No.231 of 2023

1. Additional Personal Assistant to Collector (Land)

District Collector Office, Salem District.

2. Revenue Inspector

Veerapandi Firka, Salem South Taluk

Salem District.

3. Tahsildar

Salem South Taluk, Salem District.

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Rev.Aplw.No.231 of 2023

THE HON'BLE CHIEF JUSTICE

AND

D.BHARATHA CHAKRAVARTHY, J.

(drm)

Rev.Aplw.No.231 of 2023

15.12.2023

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