(Order of the Court was made by The Hon'ble Acting Chief Justice)
1. Heard the learned counsel for parties for some time.
2. The petitioner has filed this writ petition seeking to quash the notice issued by the first respondent under Section 6 of the Tamil Nadu Land Encroachment Act, 1905.
3. It is the case of the petitioner that he is in occupation of the land measuring an extent of 540 square feet maintaining as Samathi for more than 32 years. The petitioner made several representations to the authorities seeking issuance of patta for the said land. When the petitioner put up a concrete superstructure over and around the Samathi, the third respondent obstructed for construction of the superstructure. Therefore, the petitioner lodged a police complaint. Being unable to prevent the construction and erection of concrete superstructure over and around the Samathi, the third respondent filed W.P.No.35123 of 2012 making false allegations against the petitioner and sought for direction to respondents 1 and 2 to remove the Samathi. This Court, vide order dated 14.11.2016, disposed of the writ petition directing the Tahsildar to enquire into the allegation and if any unauthorised construction found on the Government land, take action in accordance with law within a period of three months from the date of receipt of the copy of the order. Thereafter, the third respondent issued notice under Section 6 of the said Act, which is challenged in this writ petition.
4. The learned counsel for the petitioner submits that the provisions of the Tamil Nadu Land Encroachment Act, 1905 mandates issuance of notice under Section 7 of the Act before passing any order under Section 6 of the said Act. The first respondent has not issued any notice nor any enquiry was conducted before issuing notice under Section 6 of the Act.
5. On hearing the learned counsel for parties, we direct the first respondent to issue notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 and after holding an enquiry, appropriate order would be passed under Section 6 of the said Act within a period of two months from the date of receipt of a copy of this order.
6. The writ petition is disposed of accordingly. No costs.
Consequently, W.M.P.No.4332 of 2017 is closed.
Index : Yes/No Internet : Yes/No bbr To
1. The Tahsildar, Taluk Office, Chengam Taluk, Tiruvannamalai District.
2. The District Collector, Tiruvannamalai District, Tiruvannamalai.
(H.G.R., ACJ.) (R.M.D., J.) 22.02.2017 The Hon'ble Acting Chief Justice and R.Mahadevan, J.
bbr W.P.No.4175 of 2017 22.02.2017 http://www.judis.nic.in