Case Note & Summary
The petitioner, S.Palanisamy, filed a writ petition under Article 226 of the Constitution of India before the Madurai Bench of the Madras High Court, challenging an order dated 09.01.2025 passed by the Revenue Tahsildar, Rajapalayam, under Section 6 of the Tamil Nadu Land Encroachment Act, 1905. The Tahsildar had issued a notice under Section 7 of the Act alleging that the petitioner had encroached upon 0.00.11 sq.mts. out of 0.01.84 sq.mts. in Survey No.1183/28, Puthur Village, Rajapalayam Taluk, Virudhunagar District. The petitioner submitted a detailed reply on 06.01.2025, raising objections to the proposed eviction. However, without considering these objections, the Tahsildar passed the impugned order directing eviction. The Court observed that the purpose of Section 7 is to provide an opportunity to the encroacher to submit objections, and the authority is duty-bound to consider such objections before proceeding under Section 6. Since the Tahsildar failed to consider the petitioner's reply, the impugned order was held to be in violation of principles of natural justice. Consequently, the Court quashed the order and remanded the matter back to the Tahsildar for fresh consideration, directing that the petitioner's objections be considered and a reasoned order be passed within four weeks. The writ petition was allowed.
Headnote
A) Land Law - Eviction Proceedings - Natural Justice - Tamil Nadu Land Encroachment Act, 1905, Sections 6 and 7 - The petitioner was issued a notice under Section 7 of the Act alleging encroachment of 0.00.11 sq.mts. out of 0.01.84 sq.mts. in S.No.1183/28, Puthur Village. The petitioner submitted a detailed reply on 06.01.2025, but the Tahsildar passed the impugned order under Section 6 on 09.01.2025 without considering the objections. The Court held that the authority must consider the explanation rendered by the encroacher before passing a final order under Section 6, and failure to do so vitiates the order. (Paras 2-5)
Issue of Consideration
Whether the Tahsildar's order under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 is valid when the objections submitted by the petitioner in response to the Section 7 notice were not considered.
Final Decision
The writ petition is allowed. The impugned order dated 09.01.2025 passed by the second respondent is quashed. The matter is remanded back to the second respondent for fresh consideration, directing that the petitioner's objections be considered and a reasoned order be passed within four weeks.
Law Points
- Natural justice
- Consideration of objections
- Section 6 and Section 7 of Tamil Nadu Land Encroachment Act
- 1905
