Uma Maheswari S v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.11.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD and W.M.P.(MD) No.20821 of 2022 S.Uma Maheswari ... Petitioner Vs.
1.The District Collector, Tenkasi District.
2.The Tahsildar, Alangulam Taluk Office, Tirunelveli District.
3.The President, Mayamankurichi Panchayat, Alangulam Panchayat Union, Tenkasi District.
4.B.Suresh ... Respondents
PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari to call for the records in impugned notice dated 19.10.2022 on the file of the 3rd respondent and quash the same as illegal. For Petitioner :
Mr.S.Kumar For Respondents :
Mr.N.GA.Nataraj Government Advocate for R1 & R2 :
Mr.P.Thilak Kumar Government Pleader for R3
O R D E R
[Order of the Court was made by R.MAHADEVAN, J.] Challenging the impugned notice issued by the third respondent dated 19.10.2022, the petitioner has filed this Writ Petition.
2. Heard Mr.S.Kumar, learned counsel for the petitioner, Mr.N.GA.Nataraj, learned Government Advocate, who takes notice for respondents 1 and 2 and Mr.P.Thilak Kumar, learned Government Pleader, who takes notice for the third respondent. Considering the nature of the order
proposed to be passed in this Writ Petition, notice to the fourth respondent is dispensed with.
3. By consent of both parties, this Writ Petition is taken up for final disposal at the admission stage itself.
4. It is the specific contention of the learned counsel for the petitioner that without issuing any show cause notice under the Tamil Nadu Land Encroachment Act, 1905 (hereinafter referred to as 'the Act') calling for the objections of the petitioner, the present impugned notice has been issued and therefore, the impugned notice is liable to be set aside.
5. Section 7 of the Act mandates that prior notice to person in occupation has to be issued before taking proceedings under Section 6 of the Act. The notice has to specify the extent of the land so occupied and calling upon the encroacher to show cause before a certain date that why should he not be proceeded with under Section 6 of the Act and the said notice also to be served
in the manner prescribed under Section 25 of the Tamil Nadu Revenue Recovery Act, 1864.
6. Section 6(2) of the Tamil Nadu Land Encroachment Act, 1905, further provides that an eviction under this Section shall be made in the manner prescribed. By serving a notice in the manner provided in Section 7 of the Act on the person who has encroached the land requiring him to give his objections before the authorities, the District Collector would hold a summary enquiry into the facts of the case. Only after the enquiry, if the objections are not accepted, the order of eviction has to be passed which is also appealable under Section 10 of the Act before the District Collector.
7. At this juncture, the learned counsel for the respondents fairly submitted that the impugned notice may be treated as show cause notice and the petitioner may be directed to submit her objections, which will be considered by the authorities concerned and only then, appropriate action will be taken for removal of encroachment, if any, in the place in question.
8. Recording the above submission, the impugned notice is treated as show cause notice and the petitioner is directed to file her objections / reply to the same before the authorities concerned, along with all supporting materials, within a period of three (3) weeks from the date of receipt of a copy of this order. After receipt of the same, the authorities concerned shall consider such objection and if it is not satisfactory, then conduct a proper enquiry and thereafter, shall pass orders for eviction of encroachment, if any, by due process of law within a period of four weeks thereafter. Till such time, status quo prevailing as on date shall be maintained by both parties.
9. With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. [R.M.D., J.] [J.S.N.P., J.] vsm 25.11.2022
R.MAHADEVAN , J.
and J.SATHYA NARAYANA PRASAD, J.
vsm To 1.The District Collector, Tenkasi District.
2.The Tahsildar, Alangulam Taluk Office, Tirunelveli District.
3.The President, Mayamankurichi Panchayat, Alangulam Panchayat Union, Tenkasi District.
25.11.2022