The petitioner is the owner of the land in plot No.11, old survey No.30/1, Patta No.170, measuring an extent of 3185 sq.ft, having purchased the same from Teacher's Co-operative House Building Society Limited, Namakkal, by way of registered sale deed bearing No.109 of 1972, dated 21.12.1971, registered at the office of the Sub Registrar, Namakkal. The petitioner is in continuous possession and enjoyment of the property and constructed a house. The petitioner is an occupant of piece of land abutting his house belonging to Government measuring 0.01.0 Are and he is in continuous possession and enjoyment of the same. All of a sudden, the second respondent issued a notice dated 10.09.2003 under section 6 of the Tamil Nadu Land Encroachment Act, 1965, asking the petitioner to vacate the land within 15 days.
2. The grievance of the petitioner is that the procedure laid down under the Tamil Nadu Land Encroachment Act, 1965 has not followed, by the second respondent, by issuing notice under Section 7 of the said Act and the second respondent, has straight away issued notice under Section 6 of the Act asking him to vacate the land within 15 days. Aggrieved over the same, the petitioner has approached this Court.
3. Heard the submissions made on either side and perused the materials available on record.
4. It is well settled that as per the statute, notice under Section 7 Tamil Nadu Land Encroachment Act shall be given, before proceeding under Section 6 of the Act. The contention of the learned counsel for the petitioner is well placed that doctrine of principles of natural justice has to be followed in all matters. So far as the impugned order is concerned, the second respondent has bypassed the opportunity to be given to the petitioner.
5. Therefore, the impugned notice dated 10.09.2003, passed under Section 6 of the Tamil Nadu Land Encroachment Act, by the second respondent, is hereby set aside. The second respondent is directed to comply with the procedure laid down under Section 7 of the Act to proceed further, in accordance with law, if he chooses to do so.
6. With the above observation and direction, this Writ Petition is disposed of. No order as to costs. Consequently, connected miscellaneous petition is closed.
29.06.2017 ah/rpl
M. GOVINDARAJ,J.
ah/rpl W.P.No.27304 of 2003 and W.M.P.No.33354 of 2003 29.06.2017