After Officials Assure Notice, Madras HC Directs Due Process Before Enforcement On Vellore Grama Natham Land

The petitioner sought a writ of mandamus restraining the authorities from interfering with his possession and enjoyment of property in Grama Natham Survey No.58, Tholapalli Village, except by due process of law, including notice, an opportunity to be heard, and disclosure of relevant records such as the Natham Settlement Register extract and Field Measurement Book sketch

The petition was based on an apprehension that enforcement action would proceed without due process

The State submitted that no notice had yet been issued; after inspection, the authorities would issue appropriate notice and provide an opportunity to the petitioner before taking enforcement action

The Court referred to the requirement that authorities follow the procedures contemplated by the applicable Act and Rules before initiating enforcement action

The governing principle applied was that enforcement action must be preceded by the legally required procedure, including notice and an opportunity to be heard, as represented by the State and directed by the Court

The Court noted that notice had not yet been issued and that the Tahsildar had only communicated with the Block Development Officer regarding initiation of action

In light of the State’s submission that notice and an opportunity to respond would be provided before enforcement action, the Court considered further adjudication unnecessary.

It nevertheless directed the authorities to comply with the procedures under the relevant Act and Rules

It made no order as to costs and closed the connected miscellaneous petition.