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R.Velmurugan v. Block Development Officer

Madras HC21 Feb 2024WP/19055/2019

Case brief

AI extract

What is this about?

Writ petition challenging notice for removal of encroachment on Grama Natham land. The Court held that the Block Development Officer is not the competent authority and directed the Tahsildar to issue notices and pass orders under the Tamil Nadu Land Encroachment Act 1905 within twelve weeks.

What did the court decide?

Quashed notice by BDO; directed Tahsildar to issue notice under Section 7 and pass orders under Section 6 of Tamil Nadu Land Encroachment Act 1905 within 12 weeks.

R.Velmurugan Vs Block Development Officer — Land Acquisition | Madras HC (2024)

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W.P.No.19055 of 2019

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 21.02.2024

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CORAM

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THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE MR. JUSTICE K.RAJASEKAR

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W.P.No.19055 of 2019 and W.M.P.No.18420 of 2019

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R.Velmurugan

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R.Gunasekaran

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... Petitioners

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Vs.

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Block Development Officer, Elachipalayam Union, Nammakkal District. ... Respondent

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Prayer :- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Certiorari, calling for the records pertaining to the impugned order having reference Na.Ka.No.4818/2018/T1, dated 30/05/2019 on the file of the respondent and quash the same.

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For Petitioners : Mr.E.P.Senniyangiri

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For Respondent : Mr.A.Selvendran, Special Government Pleader

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https://www.mhc.tn.gov.in/judis

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W.P.No.19055 of 2019

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O R D E R

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(Order of the Court was delivered by S.M.Subramaniam J.)

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Notice issued under the District Municipalities Act, for removal of

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encroachment, is under challenge in the present writ proceedings.

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It is not in dispute that the subject land has been classified as “Grama Natham”. The petitioner has been identified as an encroacher in respect of the said land. Thus, the Block Development Officer issued a notice for removal of encroachment.

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The Block Development Officer (B.D.O.) is not a competent authority to remove the encroachments under the Act. Thus, the B.D.O. has to submit a report regarding encroachment to the jurisdictional Tahsildar, who in turn shall initiate action for removal of encroachment by issuing notice and passing orders under the Tamil Nadu Land Encroachment Act 1905.

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The Tahsildar is directed to issue an appropriate notice under Section 7, and on receipt of any objections from the encroachers, pass orders under Section 6, and thereafter proceed with the removal of

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https://www.mhc.tn.gov.in/judis

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2/4

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W.P.No.19055 of 2019

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encroachments without causing any undue delay. The entire exercise is

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directed to be completed within a period of twelve (12) weeks from the

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date of receipt of a copy of this order.

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Accordingly, the writ petition stands disposed off. However,

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there shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

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(S.M.S.J.,) (K.R.S.J.,) 21.02.2024

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Index : Yes/No Internet: Yes/No Speaking order/Non-Speaking order Neutral Citation : Yes/No (sha)

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Block Development Officer, Elachipalayam Union, Nammakkal District.

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https://www.mhc.tn.gov.in/judis

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3/4

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W.P.No.19055 of 2019

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S.M.SUBRAMANIAM, J. and K.RAJASEKAR, J.

(sha)

W.P.No.19055 of 2019

21.02.2024

https://www.mhc.tn.gov.in/judis

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R.Velmurugan v. Block Development Officer

Case brief

What is this about?

What did the court decide?

R.Velmurugan v. Block Development Officer

Case brief

What is this about?

What did the court decide?

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