Writ of mandamus seeking removal of encroachment by a private respondent on Government land in Sivagangai District. The Court held only the Tahsildar has power to remove encroachments under the Land Encroachment Act, 1905, and directed him to act within 12 weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.(MD) No.20888 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 02.09.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.P.(MD) No.20888 of 2024
R.Asokan ... Petitioner
-vs-
5.Buvaneswari ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 4 to remove the encroachment made by the 5th respondent in Government Land in Survey No.435/1, of Mangalam Village, Vengalar Group, Kandadevi Firka, Devakottai Taluk, Sivagangai District.
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W.P.(MD) No.20888 of 2024
For Petitioner : Mr.A.Karthik For Respondents 1 to 3 : Mr.S.P.Maharajan Special Government Pleader
O R D E R
[Order of the Court was made by R.SUBRAMANIAN, J.]
Mr.S.P.Maharajan, learned Special Government Pleader takes notice for the respondents 1 to 3. Notice to the respondents 4 and 5 is deemed unnecessary. By consent, this Writ Petition is taken up for final disposal at the admission stage itself.
2.The prayer in the Writ Petition reads as follows:-
“To issue a Writ of Mandamus, directing the respondents 1 to 4 to remove the encroachment made by the 5 th respondent in Government Land in Survey No.435/1, of Mangalam Village, Vengalar Group, Kandadevi Firka, Devakottai Taluk, Sivagangai District.”
3.The usual tactics of helping the encroachers has been adopted in this case also. The Tahsildar, Devekottai, who is empowered to remove encroachment under the Land Encroachment Act, 1905, has chosen to address the Block Development Officer who, admittedly, does not have jurisdiction to remove encroachment. This Court has repeatedly held that neither the Block Development Officer nor the Executive Authority namely, the Panchayat President have authority under Section 131 of the Panchayat
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W.P.(MD) No.20888 of 2024
Act, to remove encroachments. The Tahsildar is therefore, directed to take action under the Tamil Nadu Land Encroachment Act, 1905, without passing on the buck to the Block Development Officer. Such action shall be taken within a period of 12 weeks from today. Compliance report shall be filed before this Court by 28.11.2024. Post the matter on 28.11.2024 ' for
reporting compliance '.
4.The Writ Petition is disposed of with the above observation. If the order is not complied with, the petitioner will be at liberty to seek reopening of the Writ Petition. No costs.
[R.S.M., J.] [L.V.G., J.]
02.09.2024
NCC : No Index : No Internet : Yes Mrn
To
1.The District Collector, Sivagangai District.
2.The Tahsildar, Devakottai Taluk, Sivagangai District.
3.The Block Development Officer, (VP), Kannangudi Panchayat Union, Sivagangai District.
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W.P.(MD) No.20888 of 2024
R.SUBRAMANIAN, J. and L.VICTORIA GOWRI, J.
Mrn
W.P.(MD) No.20888 of 2024
02.09.2024
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1 issue framed by the court
Whether the Tahsildar must act under the Tamil Nadu Land Encroachment Act, 1905 to remove encroachment on Government land instead of referring the matter to authorities without jurisdiction.
3 provisions across 3 enactments
R.Asokan
The District Collector, Sivagangai District
The Tahsildar, Devakottai Taluk, Sivagangai District
The Block Development Officer, (VP), Kannangudi Panchayat Union, Sivagangai District
The President, Vengalur Village Panchayat, Kannangudi Panchayat Union, Sivagangai District
Buvaneswari
R.Subramanian
L.Victoria Gowri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
