Authorities must afford encroachers an opportunity to present their case before proceeding with enforcement action under the Tamil Nadu Land Encroachment Act.

Order

[Order of the Court was made by S.M.SUBRAMANIAM, J.]This writ petition has been filed to direct the respondents 1 to 8 to remove the encroachment made by the 9threspondent inS.F.No.721 situated at Perunjervazhi, Kangayam Taluk, TiruppurDistrict by considering the petitioner’s representation dated 27.08.2022 and the proceedings dated 13.09.2022.

2. With reference to the relief sought for in the present writ petition for removal of encroachment, the learned Additional Government Pleader would submit that the competent authorities conducted a survey and identified encroachments. Consequently, a notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905, was issued on 22.12.2023. However, on account of pendency of the present writ petition, no further action is initiated.

3. This Court is of the view that once the enforcement action has already been commenced after identifying the encroachment, the competent authority has to proceed with all further action by affording opportunity to the encroachers. Thus, the alleged encroachers is at liberty to submit his explanation along with the documents, if any to defend his case.

4. After affording such an opportunity to the encroacher, the competent authority shall proceed with the enforcement action and remove the encroachment, if any identified within a period of twelve(12) weeks from the date of receipt of a copy of this order.

5. It is made clear that since the temple property is situated adjacent to the subject property, liberty is also granted to temple administration to participate in the proceedings.

Accordingly, this writ petition stands disposed of. No costs.