IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.SUBRAMANIAM, K.SURENDER, JJ
M.Sumathi – Appellant
Versus
The District Collector – Respondent
| Table of Content |
|---|
| 1. challenge to notice under disaster management act (Para 1 , 2) |
| 2. opportunity for petitioner to defend (Para 3) |
| 3. direction for fresh survey and enquiry (Para 4) |
(Order of the Court was made by S.M.Subramaniam J.)
Notice issued under the provisions of the Disaster Management Act, 2005 in Proceedings dated 13.12.2021 is under challenge in the present writ proceedings. Section 30(2)(iii) and Section 34(k) were invoked by the authority competent for issuance of notice.
2. The Tahsildar, Kundrathur in his counter would state that the subject land in S.No.14/1A1A is classified as "Ryot Nanjai". But in Revenue Survey, the petitioner's house is situated in S.No.4 of Moulivakkam Village, which is classified as "Government Poramboke Eri Karai" in revenue records, i.e., 'A' Register, which is highly objectionable water course poramboke.
3. In view of the said findings, the petitioner has to submit her reply along with documents, if any to defend her case by availing the opportunity to be provided by the authority under the provisions of the Disaster Management Act, 2005. The authority competent has to conduct an enquiry and ascertain clear facts for invoking the provisions of
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.