Case Note & Summary
The petitioner, S. Srinivasan, filed a writ petition before the Madras High Court seeking a direction to the respondents 1 to 5 (District Collector, Joint Director and Assistant Director of Animal Husbandry Department, Revenue Divisional Officer, and Tahsildar) to remove encroachments made by the 6th respondent, M. Sivakumar, in Survey No.209, Village No.62, Pethikuppam, Gummudipoondi Taluk, Thiruvallur District. The petitioner relied on a letter dated December 2020 from the 5th respondent (Tahsildar) communicated to the 3rd respondent. During the hearing, the learned Additional Government Pleader appearing for respondents 1 to 5 submitted that a final notice under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 had been issued. Challenging that notice, the 6th respondent/encroacher had preferred an appeal under Section 10 of the Act before the District Collector, and the appeal was pending. An application for interim relief was also pending. In view of this, the court did not direct immediate removal but instead directed the authorities to proceed with the appeal and dispose of it as expeditiously as possible. The court further observed that if any encroachment is identified after the appeal, it shall be removed thereafter by following the procedures contemplated under the Act. The writ petition was disposed of with these observations and no order as to costs.
Headnote
A) Property Law - Encroachment on Public Property - Sections 6 and 10 of Tamil Nadu Land Encroachment Act, 1905 - The petitioner sought removal of encroachment from public property. The authorities had issued a final notice under Section 6 of the Act, and the encroacher had preferred an appeal under Section 10 before the District Collector, which was pending. The court held that the authorities should proceed with the appeal and dispose of it expeditiously, and if any encroachment is identified, it shall be removed thereafter following procedures under the Act. (Paras 2-4)
Issue of Consideration
Whether the court should direct removal of encroachment from public property when an appeal against the final notice under the Tamil Nadu Land Encroachment Act, 1905 is pending before the District Collector.
Final Decision
Writ petition disposed of with direction to authorities to proceed with the appeal and dispose of it expeditiously. If encroachment is identified, it shall be removed thereafter following procedures under the Act. No costs.
Law Points
- Encroachment on public property
- Appeal under Section 10 of Tamil Nadu Land Encroachment Act
- 1905
- Final notice under Section 6 of the Act
- Disposal of appeal expeditiously
