Writ petitioner challenged an eviction notice under Section 6 of the Land Encroachment Act, 1905 issued without a prior Section 7 notice. The Court directed the petitioner to reason with the notice-giver within 7 days, after whom the authority must proceed under Section 7 within 30 days. The petition was disposed.
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W.P.(MD).No.1046 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 19.01.2024
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN AND THE HON'BLE MR.JUSTICE K.K.RAMAKRISHNAN
W.P.(MD).No.1046 of 2024 and W.M.P.(MD).No.1051 of 2024
A.M.Thirumal
.. Petitioner
Vs.
.. Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Certiorari, to call for the records pertaining to the impugned notice issued by the 2nd respondent bearing No.Na.Ka.
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W.P.(MD).No.1046 of 2024
4131/2023/A2 dated 15.12.2023 and quash the same as illegal and violation of natural justice.
For Petitioner : Mr.I.Sam Jegan For R-1 to R-3 : Mr.N.GA.Natraj Government Advocate For R-4 : Mr.T.S.Mohamed Mohideen
ORDER
DR.G.JAYACHANDRAN,J. and K.K.RAMAKRISHNAN,J.
The present Writ Petition is filed challenging the impugned eviction notice issued by the second respondent dated 15.12.2023.
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W.P.(MD).No.1046 of 2024
before issuance of the notice under Section 6 of the Land Encroachment Act, opportunity ought to have been given to the petitioner under Section 7 of the Act. But, without following the procedure, the eviction notice has been issued under Section 6 of the Act.
to 3 would submit that even prior to the directions of this Court, notice under Section 7 of the Act was issued to the petitioner herein. However, the respondents are even now ready to convert the Section 6 notice as Section 7 and willing to hear the petitioner.
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W.P.(MD).No.1046 of 2024
(G.J.,J.) (K.K.R.K.,J.) 19.01.2024
NCC : Yes / No Index : Yes / No Internet : Yes / No Lm
To
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W.P.(MD).No.1046 of 2024
DR.G.JAYACHANDRAN,J. and K.K.RAMAKRISHNAN,J.
Lm
W.P.(MD).No.1046 of 2024
19.01.2024
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2 issues framed by the court
Whether the eviction notice under Section 6 without a prior Section 7 opportunity violated natural justice.
Whether respondents were ready to convert Section 6 notice to Section 7 to comply with procedure.
2 provisions across 1 enactments
A.M.Thirumal
The District Collector, Dindigul District, Dindigul
The Tahsildar, Kodaikanal
The Revenue Inspector, Kodaikanal
The Commissioner, Kodaikanal Municipality, Kodaikanal
G.JAYACHANDRAN
K.K.RAMAKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
