NACHAMMAL Vs. DISTRICT COLLECTOR, COIMBATORE DISTRICT

JUDGEMENT

(1.) The petitioner claiming to be in possession of the land which according to the petitioner is a grama natham has come forward to file this writ petition seeking a writ of mandamus forbearing the respondents from proceedings against her.

(2.) Mr.V.Lakshminarayanan, learned counsel who represents the learned counsel appearing for the petitioner submitted that though notice was issued under Section 7 of the Tamil Nadu Land Encroachment Act, 1905, it was not followed by notice under Section 6 meant to evict the petitioner. The land in question is a grama natham. Therefore, there is a distinct lack of jurisdiction. Hence, the writ petition filed will have to be allowed.

(3.) Learned counsel appearing for respondents 1 to 4 submitted that it is not correct to state that the land in question is a gramanatham land whereas it has been classified as natham porampoke. In any case, the encroached portion was used as a commercial property. After issuing Section 6 notice, the demolition has taken place. Hence no interference is required.