Case Note & Summary
The writ petitioner, K. Kanagaraj, filed a petition under Article 226 of the Constitution of India before the Madras High Court challenging a notice issued by the Tahsildar, Sendhamangalam Taluk, Namakkal District, under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905). The petitioner's grievance was that the authorities had issued a final notice under Section 6 without first issuing a show cause notice under Section 7 of the Act, thereby depriving him of the opportunity to submit his explanation and defend his possession of the house property situated at New S.No.390/9 (Old Survey No.30/1) of Kasthuripatti Village, Sendhamangalam Taluk, Namakkal District. The petitioner sought a writ of certiorarified mandamus to quash the impugned notice dated 13.03.2026 and to restrain the respondents from interfering with his peaceful possession pending disposal of a civil suit in O.S.No.10 of 2025 on the file of the District Munsif Court, Sendhamangalam. The learned Additional Government Pleader appearing for respondents 1 to 3 submitted that the Section 6 notice could be treated as a show cause notice under Section 7 to enable the petitioner to submit his explanation, as there was no reference to any prior show cause notice. The Court, in view of the facts and circumstances, directed that the notice issued under Section 6 of the 1905 Act on 09.01.2025 be treated as a show cause notice under Section 7. The petitioner was granted liberty to submit his explanation along with documents within two weeks from the date of receipt of the order. Thereafter, the authorities were directed to consider the explanation and take a final decision by issuing a notice under Section 6, and only then proceed with enforcement actions if any encroachment is identified. The writ petition was disposed of with these directions and no order as to costs.
Headnote
A) Land Law - Encroachment - Show Cause Notice - Sections 6 and 7 of Tamil Nadu Land Encroachment Act, 1905 - The petitioner challenged a final notice under Section 6 issued without prior show cause notice under Section 7, depriving him of opportunity to submit explanation - The Court treated the Section 6 notice as a show cause notice under Section 7 and directed the petitioner to submit explanation within two weeks, after which authorities shall consider and issue a fresh final notice under Section 6 before enforcement - Held that procedural fairness requires adherence to the sequence of notices under the Act (Paras 1-4).
Issue of Consideration
Whether the issuance of a final notice under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 without prior show cause notice under Section 7 violates principles of natural justice.
Final Decision
The notice under Section 6 dated 09.01.2025 is treated as a show cause notice under Section 7. Petitioner may submit explanation within two weeks. Authorities shall consider and issue a fresh final notice under Section 6 before enforcement. Writ petition disposed of. No costs.
Law Points
- Natural justice
- Show cause notice
- Section 6 and Section 7 of Tamil Nadu Land Encroachment Act
- 1905
- Opportunity of hearing
