Procedural compliance under the Tamil Nadu Land Encroachment Act is mandatory, and failure to issue a requisite prior notice invalidates subsequent actions taken by authorities.

(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.