Back
2026 Supreme(Online)(Mad) 24750
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. M. Subramaniam, K. Surender, JJ
A.Ganaprakasam – Appellant
Versus
The District Collector Chengalpattu District – Respondent
WP No. 33115 of 2022
Important Points
Subject
Administrative Law - Land Encroachment
Act Referred
Headnote
(B) Encroachment identification dated back to 2011, but removal yet to be executed - Land designated as Government Meikkal Poromboke. (Paras 5)
Facts of the case:
The petitioner challenged the final notice under the Act, asserting that necessary prior notice was not given as per statutory requirements.
Findings of Court:
The notice under Section 6 is to be treated as a Section 7 notice, allowing the petitioner to submit an explanation within 15 days.
Issues: The main issue was whether proper notice was issued according to Section 7 prior to the final notice under Section 6.
Ratio Decidendi: The court indicated that procedural compliance is imperative and that authorities cannot bypass statutory obligations set forth in the Tamil Nadu Land Encroachment Act.
Result: Writ petition disposed of with permission for further submissions.
For the Appellants/Petitioners: Mr.J.Ashwin for Mr.M.Velmurugan
For the Respondents: Mr.T.Arun kumar Additional Government Pleader
| 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 as “Government Meikkal Poromboke” (grazing land).
6. In view of the above facts and circumstances, the impugned notice under Section 6 is converted as Section 7 show cause notice. Petitioner is at liberty to submit his explanation, along with documents if any, within a period of 15 days from the date of receipt of a copy of this order. On receipt of such explanation, respondents shall consider the same and thereafter, proceed with the issuance of Section 6 final notice for removal of encroachments, if any, identified.
7. With the above observations, the writ petition is disposed of. No costs.
