Nagoor Gani v. the Mayor
Case brief
What is this about?
Tamil Nadu Protection of Tanks and Eviction of Encroachment Act 2007; Tanks Act eviction procedure; T.K.Shanmugam Full Bench 2015 SCC OnLine Mad 9343; T.S.Senthil Kumar 2010 SCC OnLine Mad 1347; Oor Natham classification not water body; Survey No.372/1 Zamin Pallavaram; Tambaram Municipal Corporation; Tahsildar report 21.05.2024 Na.Ka.No.1654/2024/M1; certiorarified mandamus Article 226; demolition forbearance; show cause notice Section 6(3) jurisdiction; Rule 2(1)(d) Tanks Rules; Tamil Nadu Land Encroachment Act 1905; HR&CE Act 1959 Section 78; PIL petitioner only an informant; abeyance of adverse orders fortnight; S.P. Gandhi PIL W.P.No.10863 of 2024; encroachment notice and opportunity.
What did the court decide?
Writ petition disposed of (impugned report not quashed) recording the State counsel's assurance that any action under the Tanks Act will follow notice, opportunity to respond and orders per the T.K.Shanmugam Full Bench mechanism; orders to be served on each petitioner under due acknowledgment; adverse final orders to be kept in abeyance for a fortnight to allow challenge; coercive action made subject to such orders; W.M.P.Nos.20891 & 22554 of 2025 closed; no order as to costs.