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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.R.Swaminathan, R.Poornima, JJ
Roshna Begam – Appellant
Versus
District Collector – Respondent
| Table of Content |
|---|
| 1. challenge to eviction order based on lack of procedural compliance regarding section 6 enquiry. (Para 1 , 2) |
| 2. court scrutinizes whether prior division bench orders adequately considered the land's status as government property. (Para 4 , 5) |
| 3. refusal to remand for procedural error when the petitioner lacks ownership evidence and property is already effectively vested for public use. (Para 6 , 7) |
O R D E R
(Order of the Court was delivered by G.R.SWAMINATHAN, J.) The petitioner challenges the impugned order dated
22.04.2022 issued by the Tahsildar, Marungapuri under Section 6 of the Tamil Nadu Land Encroachment Act, 1905.
2. The learned counsel appearing for the petitioner points out that the respondents had earlier issued notice under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 on 28.10.2021. It was put to challenge in W.P.(MD)No.20859 of 2021. The writ petition was allowed on 23.11.2021 by the Hon'ble Division Bench in the following terms:-
“2. The writ petitioner had earlier filed W.P(MD)No.19551 of 2021 and invited an order on
01.11.2021, in which, it has been stated that though the notice issued under Section 7 of the Act, is a show cause notice, the
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