Madras High Court
Chandrasekaran vs The District Collector on 20 October, 2022
Author: R.Mahadevan
Bench: R.Mahadevan, J.Sathya Narayana Prasad
W.P.(MD) Nos.1686 to 1690 of 2016
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 20.10.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.MAHADEVAN
AND
THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD
W.P.(MD)Nos.1686 to 1690 of 2016
and
W.M.P.(MD)Nos.1443 to 1447 of 2016
Chandrasekaran ... Petitioner in W.P.(MD)No.1686 of 2016
Arunachalam ... Petitioner in W.P.(MD)No.1687 of 2016
Palanisamy ... Petitioner in W.P.(MD)No.1688 of 2016
Ponnusamy ... Petitioner in W.P.(MD)No.1689 of 2016
Rasappan ... Petitioner in W.P.(MD)No.1690 of 2016
-Vs-
1.The District Collector,
Karur District, Karur.
2.The Executive Officer,
Tamil Nadu Paper Mill Town Panchayat,
Kakhithapuram, Pugalur,
Karur District, Karur. ... Respondents in all W.Ps.
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W.P.(MD) Nos.1686 to 1690 of 2016
COMMON PRAYER in W.P.(MD)Nos.1686 to 1688 of 2016: Petitions filed
under Article 226 of the Constitution of India, to issue a Writ of Certiorarified
Mandamus, to call for the records of the impugned notice of the 2nd respondent
dated 04.01.2016 in Na.Ka.No.190/2015 under Section 182 of the Tamil Nadu
District Municipalities Act, 1920 and quash the same as devoid of merits and
consequently, forbearing the respondents, their men, agents or subordinates from
evicting and demolishing the houses of the petitioners at Old Nos.26, 28/5, and
23/16, New Nos.10, 6, respectively, 3rd Ward, Moolimangalam Main Bazaar
Street, Moolimangalam Post, Manmangalam Taluk, Karur District except under
due process of law.
PRAYER in W.P.(MD)Nos.1689 of 2016: Petition filed under Article 226 of the
Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the
records of the impugned notice of the 2nd respondent dated 04.01.2016 in
Na.Ka.No.190/2015 under Section 182 of the Tamil Nadu District Municipalities
Act, 1920 and quash the same as devoid of merits and consequently, forbearing
the respondents, their men, agents or subordinates from evicting and
demolishing the house of the petitioner at Door No.11A, Athidravidar Street,
Moolimangalam Post, Manmangalam Taluk, Karur District except under due
process of law.
PRAYER in W.P.(MD)Nos.1690 of 2016: Petition filed under Article 226 of the
Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the
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W.P.(MD) Nos.1686 to 1690 of 2016
records of the impugned notice of the 2nd respondent dated 04.01.2016 in
Na.Ka.No.190/2015 under Section 182 of the Tamil Nadu District Municipalities
Act, 1920 and quash the same as devoid of merits and consequently, forbearing
the respondents, their men, agents or subordinates from evicting and
demolishing the houses of the petitioner Door No.13, Moolimangalam Main
Bazaar Street, Moolimangalam Post, Manmangalam Taluk, Karur District except
under due process of law.
For Petitioner : Mr.K.Chengiz Khan
For Respondents : Mr.G.V.Vairam Santhosh,
Additional Government Pleader
(in all petitions)
COMMON ORDER
[Order of the Court was made by R.MAHADEVAN, J.] Challenging the eviction notices issued by the second respondent made in Na.Ka.No.190/2015 dated 04.01.2016, the petitioners have filed these Writ Petitions.
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2. Assailing the impugned notices, the learned counsel for the petitioners submitted that without issuing any show cause notices to the petitioners or without conducting any enquiry calling for the objections, the impugned notices have been issued, directing the petitioners to vacate the place in question within 15 days and therefore, the same are liable to be set aside on the ground of violation of principles of natural justice.
3. 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.
4. 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 Page 4 of 8 https://www.mhc.tn.gov.in/judis W.P.(MD) Nos.1686 to 1690 of 2016 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.
5. At this juncture, the learned counsel for the petitioners fairly submitted that the impugned notices may be treated as show cause notices and the petitioners may be directed to submit their 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.
6. Recording the above submission, the impugned notices are treated as show cause notices and the petitioners are directed to file their objections / replies to the same before the authorities concerned, along with all supporting materials, within a period of two (2) weeks from the date of receipt of a copy of this order. After receipt of the same, the authorities concerned shall consider such objections and if they are not satisfactory, then conduct a proper enquiry Page 5 of 8 https://www.mhc.tn.gov.in/judis W.P.(MD) Nos.1686 to 1690 of 2016 and thereafter, shall pass orders for eviction of encroachment, if any, by due process of law within a period of four (4) weeks thereafter. Till such time, status quo prevailing as on date shall be maintained by both parties.
7. With the above direction, these Writ Petitions are disposed of. No costs. Consequently, connected miscellaneous petitions are closed.
[R.M.D., J.] & [J.S.N.P., J.]
20.10.2022
Index : Yes / No
Internet : Yes / No
VSM
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W.P.(MD) Nos.1686 to 1690 of 2016
To
1.The District Collector,
Karur District, Karur.
2.The Executive Officer,
Tamil Nadu Paper Mill Town Panchayat,
Kakhithapuram, Pugalur,
Karur District, Karur.
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W.P.(MD) Nos.1686 to 1690 of 2016
R.MAHADEVAN, J.
AND
J.SATHYA NARAYANA PRASAD, J.
VSM
W.P.(MD)Nos.1686 to 1690 of 2016
20.10.2022
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