(Order of the Court was made by the Huluvadi G.Ramesh,J.) The learned Government Pleader has produced before us the site plan of the area showing the water canal and the encroachments removed. It is stated that though the petitioner has patta land, she also encroached on water canal, for which initially notice was issued under Section 7 of the Land Encroachment Act, 1905 on 12.1.2017, and since the petitioner refused to receive the same, the same was pasted, following which notice dated 30.1.2017 under Section 6 of the said Act was issued, which was also pasted.
2. On the other hand, the learned counsel for the petitioner states that the petitioner has not received any notices and, thus, she had no opportunity to put forth her case.
3. In order to avoid further controversy on the issue of receipt of notices, copies of Section 7 and Section 6 notices have been handed over to the learned counsel for the petitioner. The petitioner may file their reply to Section 7 notice on or before 6.3.2017 and on consideration of the reply, it would be decided whether notice under Section 6 of the said Act should be issued or not. The notice issued under Section 6 of the said Act dated 30.1.2017 is, thus, quashed.
The writ petition stands disposed of accordingly. No costs. Consequently, W.M.P.No.3891 of 2017 is closed.
(H.G.R., J.) (R.M.D., J.) 16.02.2017 Index : No Internet : Yes sasi To:
1. The Commissioner Chennai City Municipal Corporation Rippon Building Chennai - 600 003.
2. The District Collector NH 205, India, Thiruvallur Tamil Nadu - 602 001.
3. The Revenue Divisional Officer Ambattur.
4. The Tahsildar Ambattur Taluk.
HULUVADI G.RAMESH,J.
AND R.MAHADEVAN,J.
(sasi) W.P.No.3821 of 2017 16.02.2017