IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. M. Subramaniam, K. Surender, JJ
D. Subadra Devi – Appellant
Versus
The District Collector, Salem – Respondent
| Table of Content |
|---|
| 1. petitioners seeking relief under the land encroachment act (Para 1) |
| 2. writ petitions challenging show cause notices require jurisdictional incompetence (Para 2) |
| 3. pending cases and interim orders concerning encroachments (Para 3) |
| 4. dismissing writ petitions with directions for competent authority engagement (Para 4) |
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
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