IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. M. Subramaniam, K. Surender, JJ
A.Ganaprakasam – Appellant
Versus
The District Collector Chengalpattu District – Respondent
| Table of Content |
|---|
| 1. challenge to procedural adherence under tamil nadu land encroachment act. (Para 1 , 2 , 5) |
| 2. failure to provide section 7 notice before section 6 notice. (Para 3) |
| 3. violation of procedures noted by the court. (Para 4) |
| 4. conversion of notice type based on court observation. (Para 6) |
(Order of the Court was made by S.M.Subramaniam J.)
The present writ petition has been instituted challenging the final notice issued under Section 6 of the Tamil Nadu Land Encroachment Act, 1905. 2. Learned counsel for the petitioner would submit that a show cause notice under Section 7 has not been issued.
3. The learned Additional Government Pleader appearing for the respondents is unable to produce any record to establish that Section 7 notice was issued prior to issuing the impugned notice under Section 6 of the Act.
4. In view of the said factum, the authorities have violated the procedures as contemplated under the Tamil Nadu Land Encroachment Act.
5. However, learned Additional Government Pleader would submit that encroachments, though identified in the year 2011, issues are protracted, and the encroachers have not been evicted for several years. The subject land has been classified
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