Hear out encroachers before eviction: Madras HC

“The enquiry shall go on a day-today basis and shall not be adjourned beyond seven working days at any point of time,” directed a division bench comprising Justice M Venugopal and Justice S Vaidyanathan.

Also, officials were directed not to evict them for three months, till the matter was disposed of.

The petitioners contended that they have been residing there for more than a decade – some of them for more than two decades. They moved the court apprehending that the authorities would take action without

considering their reply to the notice issued under Section 7 of the Tamil Nadu Land Encroachment Act.

“There is a provision under Section 10 of the act to prefer an appeal or revision under Section 10-A, and there is also a provision for getting interim stay of the order passed under Section 6 of the act,” held the bench, adding that there was a time limit prescribed for preferring appeal or revision, and that the authorities had the powers to condone any delay under Section 11 of the act.

However, holding that family PDS card, election ID card and other such proof of residence documents would not confer any title with regard to the ownership of the properties in question, the bench said the principles of natural justice were not applicable to the encroachers.

However, the court directed not to disturb them during the window for appeal to ensure that the children and other family members were not made “to suffer for the mistake committed by the violator”.