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Judgment
(Order of the Court was made by M.DHANDAPANI, J.)
Challenging the impugned notice dated 19.04.2023 issued by the fifth respondent, the present Writ Petitions have been filed by the petitioners.
The learned counsel appearing for the petitioners would submit that the third respondent has issued the impugned notice dated 19.04.2023, alleging that the petitioners have encroached upon the Government Punja Tharisu land measuring an extent of 3½ cents in Survey No.119/13. The grievance of the petitioners is that the third respondent has proceeded against them without issuing a notice under Section 5-B of the Tamil Nadu Land Encroachment Act. Challenging the said notice, the present writ petition has been filed.
The learned counsel appearing for the petitioners would further submit that this Court may grant liberty to the petitioners to submit their explanation to the impugned notice and direct the competent authority to consider the same and pass appropriate orders, in accordance with law, after affording due opportunity of hearing to the petitioners.
The learned Special Government Pleader appearing for the respondents would submit that there is no objection to the said course of action.
We have heard the learned counsel for the parties and perused the available materials on record.
In view of the above submission and considering the nature and purpose for which the impugned notice has been issued, this Court, by treating the impugned notice dated 19.04.2023 as a show cause notice issued under under Section 5-B of the Tamil Nadu Land Encroachment Act, is inclined to grant liberty to the petitioners to submit their explanations to the said notice within a period of two weeks from the date of receipt of a copy of this order. Upon receipt of such explanation, the fourth respondent shall conduct a proper survey and measurement of the properties in question, after issuing due notice to the petitioners and all other necessary and adjoining parties and thereafter pass appropriate orders on merits and in accordance with law.
The Writ Petition stands disposed of. There shall be no order as to costs. Consequently, the connected miscellaneous petitions are closed.