Loganayaki, v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE: 23-02-2015
CORAM:
THE HONOURABLE MR. JUSTICE SATISH K. AGNIHOTRI AND THE HONOURABLE MR. JUSTICE M. VENUGOPAL W.P. No.4584 of 2015 and M.P. Nos.1 & 2 of 2015 Loganayaki Petitioner Vs.
The District Collector District Collector Office Kancheepuram, Kancheepuram District The Tahsildar Vandalur Chengalpet Taluk, Kancheepuram District The Revenue Inspector Vandalore Division Chengalpet Taluk Kancheepuram District Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus, calling for the records of the third respondent herein relating to notice dated 18.07.2014 issued under Section 7 of the Land Encroachment Act, 1950 in respect of 0.02.0 hectares of land in Survey No.110/1B in No.8, Ayyencherry Village, Kancheepuram District and quash the same and forbear the respondents from, in any manner, evicting the petitioner from the said property.
For petitioner M/s. AL. Gandhimathi For respondents Mr. N. Sakthivel Government Advocate
ORDER
(Order of the Court was made by SATISH K. AGNIHOTRI, J.) Being aggrieved by the notice dated 18.07.2014 issued under Section 7 of the Tamil Nadu Land Encroachment Act, 1905, (for short "the Act"), the petitioner has come up with this writ petition, seeking to quash the same on the ground that no opportunity of
hearing was afforded to her before directing her to remove the encroachment by demolishing the alleged unauthorised structure. 2.
It is contended by the learned counsel for the petitioner that the petitioner was in peaceful possession of the property in question for a long period. Without affording an opportunity of hearing, all of a sudden, she has been directed to vacate the premises in question and also to demolish the same, as, according to the authorities, the premises in question was on the Government land. 3.
The notice in question has been issued under Section 7 of the Act, which contemplates service of notice on the person reported to be in unauthorised occupation of land, being the property of the Government. It also contemplates that the notice should specify the land so occupied, calling on the encroacher to show cause as to why he should not be proceeded against under Section 6 before a certain date. However, the first proviso provides that no such notice shall be necessary in the case of any person unauthorizedly occupying the land, if he had been previously evicted from such land under Section 6 or if he has previously vacated such land voluntarily, after the receipt of a notice under Section 5-B under this section. 4.
On a perusal of the impugned notice, it is evident that there is no reference as to whether the petitioner has been either previously evicted, pursuant to the order under Section 6 or has vacated after the receipt of notice under Section 5-B or under the provisions of the Act. At this stage, even if the petitioner is in unauthorised occupation, she cannot be directed to vacate the encroachment without affording an opportunity of hearing to her before passing an order under Section 6.
5.
Accordingly, we direct the authorities to consider the representation / reply filed by the petitioner, if any, pursuant to this notice and pass an order thereafter under Section 6, on its own merit and according to law. It is, thereafter, open to the authorities to take appropriate action as provided under the provisions of the Act. The petitioner, on her request, is granted two weeks time to file her reply/representation to the impugned notice, from the date of receipt of a copy of this order. Thereafter, further two weeks time is granted to the authorities to consider the same and take appropriate action on its own merit and according to law.
6.
Accordingly, this writ petition stands disposed of. No costs. Consequently connected miscellaneous petitions are closed. Sd/- Assistant Registrar Dated:5.3.15 True Copy Sub Assistant Registrar To The District Collector District Collector Office Kancheepuram, Kancheepuram District The Tahsildar Vandalur Chengalpet Taluk, Kancheepuram District The Revenue Inspector Vandalore Division Chengalpet Taluk Kancheepuram District +1 CC TO GOVERNMENT PLEADER,SR.9852.
ppa(co) krd 10/3 W.P. No.4584 of 2015