Madras High Court
Yakna Prasad vs The District Collector on 17 July, 2023
W.P.No.20847 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.07.2023
CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
W.P.No.20847 of 2023
1. Yakna Prasad
2. Vallaraj
3. jegatheesan .. Petitioners
Vs.
1. The District Collector
Tiruvallur District
Tiruvallur.
2. The Tahsildar
Uthukottai Taluk
Tiruvallur District.
3. The Revenue Inspector
Pennalurpettai Revenue Range
Tiruvallur District. .. Respondents
Prayer: Petition filed under Article 226 of the Constitution of India
seeking a writ of Certiorarified Mandamus calling for the records
pertaining to the impugned notice dated 28.02.2023 issued under
Section 6 of Land Encroachment Act in Na.Ka.285/2023/A2 by the
second respondent, as a sequel to notice dated 07.02.2023 issued by
the third respondent under Section 7 of Land Encroachment Act, 1905
and quash the same and consequently, restrain the respondents not to
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W.P.No.20847 of 2023
proceed further, without disposing of the representation dated
11.05.2023.
For the Petitioners : Mr.Durai Kannan
For the Respondents : Mrs.R.Anitha
Special Government Pleader
Assisted by
K.M.D.Muhilan
Additional Government Pleader
ORDER
(Made by the Hon'ble Chief Justice)
We have heard Mr.Durai Kannan, learned counsel for the
petitioners and Mrs.R.Anitha, learned Special Government Pleader,
assisted by K.M.D.Muhilan, learned Additional Government Pleader for
the respondents.
2. The petitioners are assailing the action under Section 6 of the
Tamil Nadu Land Encroachment Act.
3. Learned counsel for the petitioners submits that the procedure
under the Tamil Nadu Land Encroachment Act has not been followed.
Notice under Section 7 was issued. Even 15 days time was not granted
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W.P.No.20847 of 2023
and before completion of 30 days, notice under Section 6 was issued.
No appropriate opportunity has been given to the petitioners. The
notice under Section 6 was not served on the petitioners. It was
pasted on the wall of the petitioners' house. In view of that, the action
of the respondents deserves to be set aside. He relies upon the
judgment of this Court in B.M.Habibullah v. State of Tamil Nadu
[AIR 1994 Mad 222].
4. In the case of B.M.Habibullah supra, the learned Single
Judge of this Court found that the notice under Section 7 of the Act
was issued without specifying the date when the period of one week
would commence and that no date was mentioned in the said notice.
5. In the present case, notice under Section 7 specifically
prescribes on or before 22.02.2023, the petitioners shall remove the
encroachments. The same was issued on 07.02.2023. Notice under
Section 6 was issued on 28.02.2023 and thereafter, the action was
taken in March 2023.
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W.P.No.20847 of 2023
6. The Act nowhere contemplates 30 days clear notice as is
sought to be contended by learned counsel for the petitioners.
7. Moreover, the petitioners have a remedy available under
Section 10 of the Act. It is for the petitioners to avail the said remedy.
In case the petitioners avail such remedy, all the contentions are kept
open.
8. The writ petition is disposed of. There will be no order as to
costs. WMP No.20220 of 2023 filed to permit the petitioners to file a
single writ petition is allowed, inasmuch as they have paid separate
court-fee. W.M.P.Nos. 20224 and 20225 of 2023 are closed.
(S.V.G., CJ.) (P.D.A., J.)
17.07.2023
Index : Yes/No
Neutral Citation : Yes/No
kpl
https://www.mhc.tn.gov.in/judis
W.P.No.20847 of 2023
To
1. The District Collector
Tiruvallur District
Tiruvallur.
2. The Tahsildar
Uthukottai Taluk
Tiruvallur District.
3. The Revenue Inspector
Pennalurpettai Revenue Range
Tiruvallur District.
https://www.mhc.tn.gov.in/judis
W.P.No.20847 of 2023
THE HON'BLE CHIEF JUSTICE
AND
P.D.AUDIKESAVALU, J.
(kpl)
W.P.No.20847 of 2023
17.07.2023
https://www.mhc.tn.gov.in/judis
