The High Court held that the writ petition challenging a Section 7 notice under the Tamil Nadu Land Encroachment Act is premature. The petition was disposed of because the adjudicating authority must pass an order under Section 6 before appeal remedies arise.
Writ petition dismissed as premature; no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.No.4001 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.02.2024
CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.P.No.4001 of 2024
Seenuvasan
.. Petitioner
Vs.
The Revenue Inspector Kodur Circle, Cheyyur Taluk Chengalpattu District. .. Respondent
Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Certiorarified Mandamus calling for the records relating to the notice dated nil issued under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 by the respondent herein, quash the same and consequently, direct the respondent herein to not to take any sort of action under the Tamil Nadu Land Encroachment Act, 1905 with respect to the petitioner Grama Natham property comprised in S.No.779/1, Old Survey No.693/1 situated at No.103, Koovathur
Page 1 of 4
W.P.No.4001 of 2024
Village, Cheyyur Taluk, Chengalpattu District admeasuring to an extent of 2900 square meters.
For the Petitioner : Mr.G.Magesh Kumar
For the Respondent : Mr.T.K.Saravanan Government Advocate
ORDER
(Made by the Hon'ble Chief Justice)
We have heard Mr.G.Magesh Kumar, learned counsel for the petitioner and Mr.T.K.Saravanan, learned Government Advocate for the respondent.
Page 2 of 4
W.P.No.4001 of 2024
the petitioner has a remedy of appeal under Section 10 of the Act.
(S.V.G., CJ.) (D.B.C., J.) 20.02.2024 Index : Yes/No Neutral Citation : Yes/No
kpl
To
The Revenue Inspector Kodur Circle, Cheyyur Taluk Chengalpattu District.
_________ Page 3 of 4_
W.P.No.4001 of 2024
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J
(kpl)
W.P.No.4001 of 2024
20.02.2024
_________ Page 4 of 4_
2 issues framed by the court
Whether the writ petition challenging the notice under Section 7 is maintainable before the order under Section 6 is passed.
Whether the proceedings under the Tamil Nadu Land Encroachment Act, 1905 are still in the initial notice stage.
4 provisions across 2 enactments
Seenuvasan
The Revenue Inspector Kodur Circle, Cheyyur Taluk Chengalpattu District
Sanjay V. Gangapurwala
D. Bharatha Chakravarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
