KARUPAYEE Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) Final Notice issued under Sec. 6 of the Tamil Nadu Land Encroachment Act, 1905 (in short 'the Act, 1905') in Proceedings dtd. 25/10/2025 is under challenge in the present writ proceedings.

(2.) The respondents, during the course of inspection, identified encroachments in respect of Government Poramboke lands to a larger extent of about 1.85.0 Hectares in S.No.298/2 at Nallur Village, Paramathi Velur Taluk, Namakkal District. Enforcement actions were initiated. Sec. 7 Notice was issued affording opportunity to the petitioners to submit their explanations along with documents, if any. Thereafter, final notice under Sec. 6 was issued. It is not in dispute that an appeal under Sec. 10 would lie before the District Collector. The petitioners have not exhausted the appeal remedy contemplated under the Act, 1905.

(3.) Mr.Vivek, learned counsel for the petitioners would mainly contend that impugned Sec. 6 notice is improper, since it is not a speaking order passed by the competent authority. The final order under Sec. 6 of the Act, 1905 must contain details regarding grounds raised and the reasons for rejection of the grounds raised by encroachers. In support thereof, learned counsel for the petitioners would rely on the order passed by this Court in W.P.(MD) No.27873 of 2024 dtd. 25/11/2024. In the event of issuing a non-speaking final order under Sec. 6 of the Act, 1905, the said order is liable to be set aside. It is contended that civil suit has also been instituted, seeking adverse possession and the same is pending. For all these reasons, the impugned final order under Sec. 6 is to be set aside.