IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. M. Subramaniam, K. Kumaresh Babu, JJ
Ramachandrappa – Appellant
Versus
The District Collector, Krishnagiri District, Krishnagiri – Respondent
WP No. 25600 of 2024 | WMP.Nos.27952 & 27953 of 2024
| Table of Content |
|---|
| 1. challenges notice under encroachment act section 6. (Para 1) |
| 2. petitioner encroached government poramboke land. (Para 2) |
| 3. enforcement authorized for poramboke and natham encroachments. (Para 3 , 4) |
(Order of the Court was made by S.M.Subramaniam J.)
The Writ Petition has been instituted challenging the final notice issued under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 [hereinafter referred to as “the Act, 1905”].
2. The learned Additional Government Pleader relying on the written instructions given by the Tahsildar, Shoolagiri would submit that the petitioner along with his patta land had encroached upon the Government Poramboke land to an extent of 180 sq.ft., therefore the encroachments are identified and the Tahsildar has to initiate enforcement actions to remove the encroachments.
3. Even in respect of Government Natham land, in the absence of any assignment under the Revenue Standing Orders, the Authorities are empowered to regulate and initiate appropriate enforcement actions under the Act, 1905.
4. In the present case, the encroachments are identified. Thus, the respondents shall proceed with the enforcement action, continue and conclude the same by following the procedures as contemplated under the Act and Rules within a period of twelve (12) weeks from the date of receipt of a copy of this order. Against the notice under Section 6 of the Act, 1905, appeal is provided under Section 10 of the Act, 1905.
5. With the above observations, this Writ Petition is dismissed. No costs. Consequently, the connected miscellaneous petitions are closed.
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