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Taneja Aerospace and Aviation Ltd. v/s The District Collector, Krishnagiri District & Another

Company & Directors' Information:- TANEJA AEROSPACE AND AVIATION LTD [Active] CIN = L62200TZ1988PLC014460

Company & Directors' Information:- A K AVIATION PRIVATE LIMITED [Strike Off] CIN = U62200MH2007PTC176382

Company & Directors' Information:- S V V AVIATION PRIVATE LIMITED [Strike Off] CIN = U62200KA2008PTC046264

Company & Directors' Information:- S R C AVIATION PRIVATE LIMITED [Active] CIN = U74899DL1995PTC071383

Company & Directors' Information:- M AND C AVIATION INDIA PRIVATE LIMITED [Active] CIN = U63013KA2006PTC039002

Company & Directors' Information:- S. A. AVIATION PRIVATE LIMITED [Active] CIN = U63040DL2012PTC234038

Company & Directors' Information:- TANEJA AND COMPANY PRIVATE LIMITED [Active] CIN = U74899DL1993PTC056551

Company & Directors' Information:- AVIATION INDIA PRIVATE LIMITED [Strike Off] CIN = U63033DL1996PTC077267

Company & Directors' Information:- N-AEROSPACE INDIA PRIVATE LIMITED [Active] CIN = U63033OR2016PTC020079

Company & Directors' Information:- S K AVIATION PRIVATE LIMITED [Strike Off] CIN = U63090WB1999PTC089940

Company & Directors' Information:- P AND M AVIATION PRIVATE LIMITED [Active] CIN = U35999KA2021PTC143523

Company & Directors' Information:- S. S. AVIATION PRIVATE LIMITED [Active] CIN = U35300KA2007PTC043583

Company & Directors' Information:- D AEROSPACE PRIVATE LTD [Active] CIN = U74899DL1979PTC010128

Company & Directors' Information:- R. S. INDIA AVIATION PRIVATE LIMITED [Active] CIN = U62100DL2006PTC153980

Company & Directors' Information:- J D M AVIATION INDIA PRIVATE LIMITED [Active] CIN = U63040PB2013PTC038242

Company & Directors' Information:- J T AVIATION PRIVATE LIMITED [Strike Off] CIN = U62200DL2011PTC216080

    W.P.No. 7039 of 2015 & M.P.No. 1 of 2015

    Decided On, 12 March 2015

    At, High Court of Judicature at Madras


    For the Petitioner: R. Poornima for M/s. T. Panchatsaram, Advocates. For the Respondents: P.S. Sivashanmugasundaram, Special Government Pleader.

Judgment Text

(Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking a writ of certiorari to call for the records on the file of the second respondent in Proceedings Na.Ka.73/2015/B1 dated 18.02.2015 and quash the same as illegal, incompetent and without jurisdiction.)

Satish K. Agnihotri, J.

1. Mr. P.S. Sivashanmugasundaram, learned Special Government Pleader, takes notice for the respondents. With the consent of the learned counsel on either side, the writ petition is taken up for final disposal, at the admission stage itself.

2. This writ petition is filed challenging the notice issued under Section 7 of the Land Encroachment Act, 1905, (for short 'the Act') whereby and whereunder, the petitioner has been called upon to explain as to why he should not be evicted on the ground that his occupation is in the nature of encroachment.

3. The learned counsel for the petitioner makes submissions on several grounds, including that a lease was granted to the petitioner, the renewal of which is pending consideration and as such, the petitioner cannot be called as an encroacher.

4. Be that as it may, since the notice issued under Section 7 of the Act is in the nature of a show cause notice, in response to which, the petitioner has full liberty to submit his case by way of explanation/reply, at this stage, no cause of action has arisen to invoke the jurisdiction of this Court under Article 226 of the Constitution of India and as such, we are not inclined to interfere with the impugned order.

5. However, we reserve liberty to the petitioner to put forward his case before the authorities in reply and the authorities, in turn, are directed to consider each and every issue / ground to be raised by the petitioner in his explanation/reply, before passing orders under Section 6 of the Act. Needless to state that no action for eviction can be taken before passing the appropriate formal order under Section 6 of the Act. The time of 15 days granted to the petitioner in the impugned order to submit explanation/reply has come to an end. Therefore, we grant furthe

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r one week's time from today, to the petitioner, to submit his explanation/reply, if so advised. 6. The writ petition stands disposed of with the above observations. No costs. Connected Miscellaneous Petition is closed.