MUTHULAKSHMI Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) THIS Writ Petition has been filed, praying that this Court may be pleased to issue a Writ of Certiorari to call for the records relating to the proceedings of the impugned order No. m7/4776/2014, dated 01.07.2014, on the file of the second respondent, directing the petitioner to vacate the premises in question, namely, Purasadiyudaippu Group, Kalayarkovil, Sivagangai District and quash the same.

(2.) THE learned counsel appearing on behalf of the petitioner had submitted that the impugned proceedings had been issued, by the second respondent, without following the procedures established under the provisions of the Tamil Nadu Land Encroachment Act, 1905. (for short 'the Act'). He had further submitted that no prior notice had been issued to the petitioner, before issuing the impugned proceedings, directing the petitioner to vacate the premises in question.

(3.) IN view of the submissions made by the learned counsel appearing on behalf of the petitioner, as well as the respondents, we find it appropriate to hold that the impugned proceedings issued by the second respondent, dated 01.07.2014, may be treated as a 'notice', issued under Section 7 of the Act and the petitioner is permitted to submit her explanation to the said notice, within a period of fifteen days from the date of receipt of a copy of this order. On receipt of the explanation to be submitted by the petitioner, the second respondent shall consider the same and pass appropriate orders thereon, on merits and in accordance with law, within a period of four weeks, thereafter. However, if the petitioner fails to submit her explanation, within the time limit granted by this Court, the respondents may evict the petitioner, forthwith, in the manner known to law.