Skip to content

The research platform for Indian law — judgements, legislation and the citations between them. Free to search, with the original document behind every result.

A product of LawSathi.

Research

Search Legislation Research tools

Browse

Courts Case types Topics Most-cited judgements Sources

LawSathi

Practice platform Blog

© 2026 LawSathiTerms PrivacyResearch aid, not the official record.

M.Krishnaveni Vs The Block Development Officer — Writ and Judicial Review | Madras HC (2025)

Home
Madras HC
2025
M.Krishnaveni Vs The Block Development OfficerM.Krishnaveni v. The Block Development Officer

Allowed¶¶44

M.Krishnaveni v. The Block Development Officer

Madras HC18 Jul 2025WP/22897/2021

Case brief

AI extract

What is this about?

Madras High Court, Division Bench of M.Sundar and Hemant Chandangoudar JJ., decided 18.07.2025 in W.P.No.22897 of 2021 (with W.M.P.No.24099 of 2021). Certiorari petition by M.Krishnaveni against Block Development Officer (Village Panchayat), Uthangarai, Krishnagiri District, challenging an order dated 09.09.2021 under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 preceded by a Section 7 notice dated 07.09.2021. Matter held covered by C.Sivanandam (W.P.No.27887 of 2022, order dated 26.03.2025); applying that precedent, the Section 6 order and Section 7 notice were set aside, permitting the State to commence fresh proceedings before a competent authority while preserving the petitioner's rights. Search terms: Land Encroachment Act 1905, Section 6 order, Section 7 notice, encroachment eviction, Block Development Officer, certiorari, fresh proceedings, competent authority.

What did the court decide?

Writ petition allowed; impugned order dated 09.09.2021 and the preceding notice dated 07.09.2021 set aside; liberty preserved to the State to commence proceedings afresh before a competent authority with rights of the writ petitioner preserved; connected W.M.P.No.24099 of 2021 closed; no order as to costs. ¶¶44

Why is it important?

Applying the C.Sivanandam principle, the writ petition stands allowed and the impugned order dated 09.09.2021 together with the preceding notice dated 07.09.2021 are set aside, preserving the State's right to commence proceedings afresh before a competent authority. ¶¶44

What the court decided

AI extract

Outcome

Writ petition allowed; impugned order dated 09.09.2021 and the preceding notice dated 07.09.2021 set aside; liberty preserved to the State to commence proceedings afresh before a competent authority with rights of the writ petitioner preserved; connected W.M.P.No.24099 of 2021 closed; no order as to costs.

Issue for consideration

Whether the impugned order dated 09.09.2021 issued under Section 6 of the Tamil Nadu Land Encroachment Act, 1905, along with the preceding Section 7 notice dated 07.09.2021 issued by the Block Development Officer, is sustainable and liable to be quashed by writ of certiorari.

Court's answer

Applying the C.Sivanandam principle, the writ petition stands allowed and the impugned order dated 09.09.2021 together with the preceding notice dated 07.09.2021 are set aside, preserving the State's right to commence proceedings afresh before a competent authority.

Ratio / Principle

If fresh proceedings are commenced by the State, all rights and contentions of the writ petitioner will stand preserved.

Detailed headnote1 paragraphs

Certiorari under Article 226 — Block Development Officer (Village Panchayat), Uthangarai, Krishnagiri District — order dated 09.09.2021 under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905), preceded by Section 7 notice dated 07.09.2021 — State counsel fairly submitted the matter is directly and squarely covered by C.Sivanandam (order dated 26.03.2025 in W.P.No.27887 of 2022, to which M.Sundar, J. was a party) — applying the C.Sivanandam principle, writ petition allowed and the impugned order and notice set aside — liberty preserved to the State to commence proceedings afresh before a competent authority, with all rights and contentions of the writ petitioner preserved — connected W.M.P. closed — no order as to costs.

A

W.P.No.22897 of 2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.07.2025

CORAM

THE HONOURABLE MR. JUSTICE M.SUNDAR and

THE HONOURABLE MR. JUSTICE HEMANT CHANDANGOUDAR

W.P.No.22897 of 2021 & W.M.P.No.24099 of 2021

M.Krishnaveni ...Petitioner

vs.

The Block Development Officer (Village Panchayat) Uthangarai, Krishnagiri District ...Respondent

Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorari calling for the entire records relating to the order dated 09.09.2021 issued under Section 6 of the Land Encroachment Act, 1905 (Act 3 of 1905) on the file of the respondetn herein and quash the same.

For petitioner : Mr.R.Kothandapani For Respondent : Mr.T.K.Saravanan Additional Government Pleader

ORDER

[Order of the Court was made by M.SUNDAR, J.]

When the matter was taken up, learned State counsel fairly submitted

that the captioned matter is directly and squarely covered by C.Sivanandam

Page Nos.1/10

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

W.P.No.22897 of 2021

case i.e., order dated 26.03.2025 in W.P.No.27887 of 2022 and WMP thereat

to which one of us (M.SUNDAR.,J.) was a party and the same reads as

follows:

Page Nos.2/10

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

W.P.No.22897 of 2021

Page Nos.3/10

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

W.P.No.22897 of 2021

Page Nos.4/10

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

W.P.No.22897 of 2021

Page Nos.5/10

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

W.P.No.22897 of 2021

Page Nos.6/10

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

W.P.No.22897 of 2021

In the case on hand, the impugned order under Section 6 of 'the

Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905)'

Page Nos.7/10

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

W.P.No.22897 of 2021

{hereinafter 'said 1905 Act' for the sake of brevity} has been made by sole respondent (Block Development Officer). The impugned order was preceded by a notice under Section 7 being notice dated 07.09.2021 and the same has been issued by the sole respondent. Paragraphs 5 to 7 of C. Sivanandam' s case are relevant.

Applying C. Sivanandam principle, captioned WP stands allowed, the impugned order dated 09.09.2021 and the notice preceding the same dated 07.09.2021 are set aside preserving all the rights and contentions of the State to commence proceedings afresh by a competent authority. It is made clear that if such proceedings are commenced, all rights and contentions of writ petitioner also will stand preserved. Consequently, captioned WMP is closed. There shall be no order as to costs.

[M.S.,J.] [H.C.,J]

18.07.2025

Index: Yes/No Neutral Citation: Yes / No Speaking order/Non-speaking order gpa

Page Nos.8/10

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

W.P.No.22897 of 2021

To

The Block Development Officer (Village Panchayat) Uthangarai Krishnagiri District

Page Nos.9/10

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

W.P.No.22897 of 2021

M.SUNDAR, J. and HEMANT CHANDANGOUDAR, J.

gpa

W.P.No.22897 of 2021

18.07.2025

Page Nos.10/10

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

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the impugned order dated 09.09.2021 issued under Section 6 of the Tamil Nadu Land Encroachment Act, 1905, along with the preceding Section 7 notice dated 07.09.2021 issued by the Block Development Officer, is sustainable and liable to be quashed by writ of certiorari.medium confidence¶¶11
The court held
Applying the C.Sivanandam principle, the writ petition stands allowed and the impugned order dated 09.09.2021 together with the preceding notice dated 07.09.2021 are set aside, preserving the State's right to commence proceedings afresh before a competent authority.ratio¶¶44

Cases cited

Colour shows how this judgement treated each authority

AI extract

C.SivanandamApplied¶¶44
order dated 26.03.2025 in W.P.No.27887 of 2022 and WMP thereat

Statutes considered

4 provisions across 3 enactments

AI extract

Constitution of IndiaArticle 226¶¶11
Land Encroachment Act, 1905Section 6¶¶11
Tamil Nadu Land Encroachment Act, 1905Section 6¶¶39 Section 7¶¶43

Procedural history

How this case reached the court

AI extract

Order under challenge
Order dated 09.09.2021 issued under Section 6 of the Land Encroachment Act, 1905 by the Block Development Officer (Village Panchayat), Uthangarai — the decision challenged via writ of certiorari.¶¶11
Block Development Officer (Village Panchayat) Uthangarai, Krishnagiri District · 09.09.2021
Prior proceeding
Notice under Section 7 dated 07.09.2021 issued by the sole respondent (Block Development Officer), preceding the impugned Section 6 order.¶¶43

Parties & counsel

AI extract

petitioner
M.Krishnaveni¶¶8
Mr.R.Kothandapani
respondent
The Block Development Officer (Village Panchayat) Uthangarai, Krishnagiri District¶¶10
Mr.T.K.Saravanan

Coram

AI extract

M.SUNDARauthor¶¶14
HEMANT CHANDANGOUDARmember¶¶6

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 18 Jul 2025 · July
Registered: 21 Oct 2021
Case no.: WP/22897/2021
CNR: HCMA011319422021
Topic: Writ and Judicial Review
Bench: M. Sundar Hemant Chandangoudar
Disposal: ALLOWED
Case type: W.P.

Similar cases

Judgements on the same questions, provisions and authorities, from every court

Finding judgements on the same questions…

More from M. Sundar Hemant Chandangoudar

P.Kannappan Vs The Chairman
17 Jul 2025
A.Thirusangu Vs The District Collector
17 Jul 2025
Ambedkar Natrajan Vs the District Collector
17 Jul 2025
P.Meganathan Vs the District Collector
18 Jul 2025
Ilango Vs the District Collector
18 Jul 2025
A.Baskaran Vs The Revenue Tahsildar
18 Jul 2025

Cite this judgement

M.Krishnaveni v. The Block Development Officer, WP/22897/2021 (MAD), decided on 18 July 2025.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Cases cited1

C.SivanandamApplied¶¶44

Open Authorities

Statutes4

Constitution of IndiaArticle 226
Land Encroachment Act, 1905Section 6
Tamil Nadu Land Encroachment Act, 1905Section 6 · Section 7

View all statutes

Procedural history2

Order dated 09.09.2021 issued under Section 6 of the Land Encroachment Act, 1905 by the Block Development Officer (Village Panchayat), Uthangarai — the decision challenged via writ of certiorari.Block Development Officer (Village Panchayat) Uthangarai, Krishnagiri District · 09.09.2021
Notice under Section 7 dated 07.09.2021 issued by the sole respondent (Block Development Officer), preceding the impugned Section 6 order.

View full history

Bench / Coram

M.SUNDAR and HEMANT CHANDANGOUDAR

Parties & counsel