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Judgment
R. Banumathi, J.—In all these Writ Petitions, the Petitioners seek for a Writ of Certiorari to quash the impugned proceedings of the fourth Respondent dated 25.11.2009 in respect of the Petitioners'' land in survey numbers referred to above in Oddanchatram Village and Taluk, Dindigul District.
2.0. According to the Petitioner in W.P.(MD) No. 12948 of 2009, an extent of 0.24.0 hectares land in S. No. 346/2A9 in Oddanchatram Village, Oddanchatram Taluk belongs to him and he has been in enjoyment of the same by cultivating crops. According to the Petitioner in W.P.(MD) No. 12949 of 2009, an extent of 0.37.5 hectares land in S. No. 345/2b in Oddanchatram Village, Oddanchatram Taluk belongs to her and she has been in enjoyment of the same by cultivating crops. According to the Petitioner in W.P.(MD) No. 12950 of 2009, an extent of 0.66.0 hectares land in S. No. 238/1 in Oddanchatram Village, Oddanchatram Taluk belongs to him and he has been in enjoyment of the same by cultivating crops.
2.1 According to the Petitioner in W.P.(MD) No. 12951 of 2009, an extent of 0.0.82.5 hectares land in S. No. 247, an extent of 0.26.5 Hecatres land in S. No. 248, an extent of 1.02.0 Hectares in S. No. 239/1 and an extent of 1.18.5 Hectares in S. No. 343/2 in Oddanchatram Village, Oddanchatram Taluk belongs to him and he has been in enjoyment of the same by cultivating crops. According to the Petitioner in W.P.(MD) No. 12952 of 2009, an extent of 0.0.82.5 hectares land in S. No. 247, an extent of 0.26.5 Hecatres land in S. No. 248, an extent of 1.02.0 Hectares in S. No. 239/1 and an extent of 1.18.5 Hectares in S. No. 343/2 in Oddanchatram Village, Oddanchatram Taluk belongs to him and he has been in enjoyment of the same by cultivating crops. Alleging that the Petitioners are in illegal encroachment of the pathway to the aforesaid extent in the aforesaid survey numbers, the impugned notices were issued to the Petitioners by the fourth Respondent/Revenue Inspector, Oddanchatram.
We have heard the learned Counsel for the Petitioners and the learned Special Government Pleader for the Respondents.
Learned Special Government Pleader submitted that the survey numbers 346/2A9, 345/2B, 238/1, 248 and 247 Part of survey numbers have been classified as pathway and the Petitioners are in illegal encroachment of the pathway and with a view to provide pathway to the villagers, the impugned notices were issued to the Petitioners and the Petitioners cannot have any grievance.
Learned Counsel for the Petitioners submitted that the Revenue Inspector has no competency to issue notice and therefore, the notice is vitiated for want of competency of the authority who issued notice.
Section 7 of the Tamil Nadu Land Encroachment Act, 1905 reads as follows:
Prior notice to person in occupation.-Before taking proceedings u/s 6, the Collector or Tahsildar or Deputy Tahsildar or Revenue Inspector or any authorised officer or any other officer specified by the State Government in this behalf (not being an authorised officer) (hereinafter referred to as the ''specified officer'') as the case may be shall cause to be served on the person reputed to be in unauthorised occupation of land being the property of Government a notice specifying the land so occupied and calling upon him to show cause before a certain date why he 7 should not be proceeded against u/s 6.
As per the Section 7 of the Act, Revenue Inspector has the competency to issue notice u/s 7. Therefore, there is no force in the contention of the learned Counsel for the Petitioners that the Revenue Inspector has no competency to issue notice u/s 7 of the Tamil Nadu Land Encroachment Act.
However, the learned Special Government Pleader submitted that pursuant to the impugned notice, the enquiry would be held only by the competent authority u/s 6 of the Act and due process of law would be followed before removal of encroachment.
Whether there is illegal encroachment by the Petitioners in the aforesaid extent is the matter to be examined by the competent authority. An enquiry has to be held. It is open to the Petitioners to make representation before the competent authority. On such representation, the competent authority shall consider the same and pass appropriate orders in accordance with law. Accordingly, the Writ Petitions are disposed of. No costs. Connected Miscellaneous Petitions are closed.