Judicial review in writ proceedings does not cover merits unless the notice is issued by an incompetent authority, focusing on jurisdiction under the Tamil Nadu Land Encroachment Act.

(Order of the Court was made by S.M.Subramaniam J.)

The present writ petitions have been instituted challenging the show cause notice issued under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 (For brevity, hereinafter referred to as ‘Act’)

2. No writ against the show cause notice is entertainable, unless such notice has been issued by an incompetent authority having no jurisdiction. Petitioners, instead of submitting their explanation along with the documents, if any, have chosen to file writ petitions by raising certain grounds on merits, which cannot be adjudicated by the High Court in exercise of the powers of judicial review in writ proceedings.

3. Curiously, writ petitions challenging the show cause notice instituted in the year 2005 were kept pending before this Court for the past about 21 years and not listed for a long time. That apart, petitioner enjoyed the benefit of interim order for the past about 21 years, despite the fact that authorities identified the encroachments in the Government land.

4. In view of the facts and circumstances, petitioners are at liberty to submit their representation along with the documents, if any, within a period of two weeks from the date of receipt of a copy of this order. On receipt of any such explanation, the competent authority shall consider the same, take a final decision, and thereafter issued final notice under Section 6 of the Act and proceed with the enforcement action for removal of encroachments, if any, identified. The entire exercise is directed to be completed within a period of three months thereafter.

5. With the above directions, the writ petitions are dismissed. No costs.

Consequently, the connected miscellaneous petitioners, if any, are closed.