Raji Vs the District Collector — Madras HC (2025) — LawSathi Research

Raji Vs the District Collector — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Impugned notice dated 12.05.2025 issued by the 4th respondent quashed; Village Panchayat President directed to submit a report to the jurisdictional Tahsildar for initiation of eviction proceedings under the Act, and the Tahsildar directed to proceed with the eviction proceedings per procedure on receipt of such report; no costs; connected miscellaneous petitions, if any, closed.

Issue for consideration

Whether the President of a Village Panchayat is competent to invoke Section 7 of the Tamil Nadu Land Encroachment Act, 1905 to issue an eviction notice against encroachers of panchayat land. +1 more

Court's answer

President, Village Panchayat is incompetent to invoke the provisions of the Tamil Nadu Land Encroachment Act, 1905 for eviction of encroachers from panchayat land; consequently, the impugned notice was issued without jurisdiction.

Ratio / Principle

Only the Executive Authority or Commissioner of the Village Panchayat is empowered to issue a show-cause notice under Section 131(2) of the Tamil Nadu Panchayats Act, 1994, fixing a timeline for vacating premises belonging to the panchayat.

Key takeaways

Upon refusal by the encroachers, the Commissioner or Executive Authority must submit a report to the jurisdictional Tahsildar or competent authority, who alone is empowered to initiate enforcement action and evict the encroachers by following the procedure contemplated under the Act.ratio¶25
The Village Panchayat President shall submit a report to the jurisdictional Tahsildar for initiation of eviction proceedings under the Act, and the Tahsildar, on receipt of any such report, shall proceed with the eviction proceedings by following the prescribed procedure.ratio¶29

Detailed headnote1 paragraphs

Madras High Court (Order by S.M. Subramaniam J.; Bench with C. Kumarappan J.) allowed W.P. No. 49087 of 2025 and quashed a notice dated 12.05.2025 issued under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 by the President, Eeyanur Village Panchayat, holding that a Village Panchayat President is incompetent to invoke the Act for eviction of encroachers from panchayat land and that the notice was issued without jurisdiction. The Court held that only the Executive Authority or Commissioner of the Village Panchayat may issue a show-cause notice under Section 131(2) of the Tamil Nadu Panchayats Act, 1994 fixing a timeline for vacating panchayat premises; on refusal, the Commissioner/Executive Authority must report to the jurisdictional Tahsildar, who alone may initiate enforcement and evict encroachers per the procedure under the Act. Directions were issued for the President to report to the Tahsildar and for the Tahsildar to proceed accordingly; no costs; connected miscellaneous petitions closed.

2026:MHC:13

WP No. 49087 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19-12-2025

CORAM

THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN

WP No. 49087 of 2025

Raji

Petitioner(s)

Vs

The District Collector Collectorate, District Headquarters, Kallakurichi District.

2.The Tahsildar, Taluk Office, Kallakurichi Taluk And District.

3.The Block Development Officer, BDO Office Thiyagadurgam Block, Kallakurichi District.

4.The Village President, Eeyanur Village Panchayat, Kallakurichi Taluk And District.

Respondent(s)

PRAYER

To call for the records pertaining to the impugned notice dated 12.05.2025 issued by the 4^th respondent, and to quash the same as illegal, ultra vires, arbitrary, and unconstitutional, and consequently directing the 1^st respondent to consider the petitioner’s representation dated 18.06.2024.

For Petitioner(s): Mr.S.J.Raja Janakiraman

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

WP No. 49087 of 2025

For Respondent(s): Mr.T.Arun Kumar Additional Government Pleader For Rr1 - 4

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

The impugned notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 (hereinafter referred to as “Act”) has been issued by President, Village Panchayat.

President, Village Panchayat is incompetent to invoke the provisions of the Act for eviction of encroachers from the panchayat land.

Executive authority or Commissioner, Village Panchayat are empowered to issue show-cause notice under Section 131(2) of the Tamil Nadu Panchayats Act, 1994. Show-cause notice may be issued by fixing time line for vacating the premises belongs to the panchayat. In the event of refusal by the encroachers, then the Commissioner or Executive Authority has to submit a report to the jurisdictional Tahsildar or competent authority under the provisions of the Act, who in-turn alone is empowered to initiate enforcement action and evict the encroachers by following the procedures as contemplated under the Act. However, President, Village Panchayat has no powers to invoke the provisions of the Act. Thus, the order impugned has been issued without jurisdiction.

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

WP No. 49087 of 2025

Accordingly, impugned notice dated 12.05.2025 issued by the 4^th

respondent is quashed. However, President, Village Panchayat shall submit a report to the jurisdictional Tahsildar for initiation of eviction proceedings under the provisions of the Act and Tahsildar, on receipt of any such report has to proceed with the eviction proceedings by following the procedure.

With these directions, the writ petition is allowed. No costs.

Consequently, the connected miscellaneous petitions, if any, are closed.

(S.M.SUBRAMANIAM J.)(C.KUMARAPPAN J.) 19-12-2025

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

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

WP No. 49087 of 2025

To

1.The District Collector Collectorate, District Headquarters, Kallakurichi District.

2.The Tahsildar, Taluk Office, Kallakurichi Taluk And District.

3.The Block Development Officer, Bdo Office Thiyagadurgam Block, Kallakurichi District.

4.The Village President, Eeyanur Village Panchayat, Kallakurichi Taluk And District.

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

WP No. 49087 of 2025

S.M.SUBRAMANIAM J. AND C.KUMARAPPAN J.

gd

WP No. 49087 of 2025

19-12-2025

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