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High CourtsDivision Bench(2019) 03 MAD CK 0124

Roja Amma vs Secretary To Government & Others

Madras High Court · Decided on 21 March 2019

HON’BLE JUDGES
Vijaya K. Tahilramani, CJ · M. Duraiswamy, J
RESULT
Disposed Off
CASE NUMBER
Writ Petition No. 4016, 4017, 4021 Of 2019

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Judgment

7 paragraphs · 320 words

Vijaya K.Tahilramani, CJ

1.

Heard Mr.L.K.Manjunath, learned counsel for the petitioner and Mr.S.Kamalesh Kannan, learned Government Advocate for the respondents.

2.

The prayer of the petitioner is to quash the impugned notices dated 22.01.2019 issued by respondent No.2. The said notices are issued under Section 6 of the Tamil Nadu Land Encroachment Act, 1905. The said notices pertain to the petitioner's property, which are situated at Door Nos.49, 50, 48 and 48/1, Amman Street, Rail Nagar, Mettukulam, Koyambedu, Chennai-600 107 situate in Block No.34, comprised in Old Survey No.155/1 Part, T.S.Nos.6, 5, 7 and 8 Koyambedu Village, Aminjikarai Taluk, Chennai District respectively. Admittedly, the said notices were affixed on the doors of the petitioner's property.

3.

The learned counsel for the petitioner submitted that the said notices have to be quashed because mandatory procedure of issuance of notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 was not followed by the authorities.

4.

The learned Government Advocate for the respondents pointed out that notices under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 were served on the petitioner by affixing them on the premises of the petitioner. This is also stated in the counter-affidavit filed by respondent No.2 i.e., the Assistant Executive Engineer, Public Works Department, Cooum Basin Sub Division, Chepauk, Chennai-5.

5.

In view of the fact that the petitioner is impugning the notices issued under Section 6 of the Tamil Nadu Land Encroachment Act, 1905, the petitioner has a remedy of appeal under Section 10 of the said Act. As the petitioner has efficacious alternate remedy of preferring appeals under Section 10 of the Tamil Nadu Land Encroachment Act, 1905, we are not inclined to interfere with the impugned notices and the petitioner is relegated to the remedy of preferring appeals.

6.

The writ petitions are disposed of with the above observation. No costs. Consequently, W.M.P.Nos.4468, 4469 and 4471 of 2019 are closed.