Facts
The petitioner sought a direction requiring the revenue and Public Works Department authorities to consider his representation dated 16 March 2026 for removal of an alleged encroachment by the fourth respondent in a stream in Survey No.23/2, D-Perumapalayam Village, Salem Taluk
Source reference: p.1The State submitted that encroachments had been identified, a notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 had been issued, and, after an opportunity of hearing, a notice under Section 6 had also been issued
Source reference: p.2Issues
Whether, following issuance of a notice under Section 6 of the Tamil Nadu Land Encroachment Act, 1905, the competent authorities were required to proceed with removal of the identified encroachment in accordance with the Act and Rules
Source reference: pp.2–3Whether the Court should direct the authorities to complete that exercise within a specified period
Source reference: p.3Law Applied
Section 7 of the Tamil Nadu Land Encroachment Act, 1905 provides for notice in the encroachment-removal process, and Section 6 provides for further action after the prescribed process, including an opportunity of hearing.
Source reference: pp.2–3The Court held that, once the final notice under Section 6 had been issued, the competent authorities were bound to remove the encroachments by following the procedures prescribed under the relevant provisions of the Act and Rules
Source reference: pp.2–3Reasoning
The authorities’ submission that notices under Sections 7 and 6 had been issued established that the statutory process had progressed to the final-notice stage
Source reference: p.2The Court therefore considered the authorities bound to carry the process through and remove the encroachments in accordance with the Act and Rules; it directed completion of the exercise within eight weeks from receipt of a copy of the order
Source reference: p.3Holding
The Court disposed of the writ petition with a direction to the competent authorities to complete the encroachment-removal exercise, in accordance with the applicable statutory procedures, within eight weeks from receipt of the order.
No costs were awarded
Source reference: p.3Acts & Sections Cited
2 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.
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MR.P.MUNIYANvsTHE DISTRICT REVENUE OFFICER
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