Disposed¶30

V.Subbulakshmi v. The Tahsildar

Madras HC24 Jan 2025WP(MD)/4781/2024

Case brief

AI extract

What is this about?

Tamil Nadu Land Encroachment Act 1905; eviction jurisdiction; Panchayat President versus Revenue Tahsildar; G.Usilampatti Panchayat Andipatti Union Theni District; Tahsildar Andipatti Taluk; writ of certiorari against panchayat eviction notice dated 21.02.2024; no coercive action till final orders; three-month timeline; writ petition disposed; Madurai Bench Madras High Court; M.S.Ramesh J.; A.D.Maria Clete J.; V.Subbulakshmi v. Tahsildar Andipatti.

What did the court decide?

Writ petition disposed of with clarification that the Usilampatti Panchayat has no jurisdiction to initiate eviction proceedings; Tahsildar, Andipatti Taluk directed to follow the Tamil Nadu Land Encroachment Act, 1905 procedure and pass final orders within three months, with no coercive action until then; no costs; connected miscellaneous petition closed. ¶30

V.Subbulakshmi Vs The Tahsildar — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the President of the Usilampatti Panchayat has authority to conduct eviction proceedings, i.e., whether the Panchayat President's letter/notice dated 21.02.2024 initiating eviction steps is valid.

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Court's answer

Under the Tamil Nadu Land Encroachment Act, 1905, eviction proceedings are required to be initiated only by the Revenue Tahsildar having jurisdiction over the subject properties.

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Ratio / Principle

The Usilampatti Panchayat does not have jurisdiction to initiate eviction proceedings against the petitioner.

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Key takeaways

The Tahsildar, Andipatti Taluk (1st respondent) is called upon to strictly adhere to the procedure under the Tamil Nadu Land Encroachment Act, 1905, pass appropriate final orders within three months from receipt of a copy of the order, and until such final orders are passed, no coercive action shall be taken.ratio¶29

Detailed headnote1 paragraphs

Madras High Court (Madurai Bench), disposing of a writ petition by V.Subbulakshmi challenging a notice dated 21.02.2024 issued by the Panchayat President of G.Usilampatti Panchayat regarding eviction, held that under the Tamil Nadu Land Encroachment Act, 1905, eviction proceedings can be initiated only by the Revenue Tahsildar having jurisdiction over the subject properties, and clarified that the Usilampatti Panchayat has no jurisdiction to initiate such eviction proceedings. The Tahsildar, Andipatti Taluk, who had already taken steps to initiate eviction, was directed to strictly adhere to the statutory procedure and pass appropriate final orders within three months; until such final orders, no coercive action was to be taken. Petition disposed of, no costs; connected miscellaneous petition closed.

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W.P(MD)No.4781 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 24.01.2025

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CORAM :

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THE HONOURABLE MR.JUSTICE M.S.RAMESH and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE

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W.P(MD)No.4781 of 2024 and WMP(MD)No.4589 of 2024

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V.Subbulakshmi ... Petitioner

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vs.

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The Tahsildar, Andipatti, Theni District.

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The Panchayat President, G.Usilampatti Panchayat, Andipatti Union, Theni District.

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Balamurugan ... Respondents

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Prayer : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records relating to the impugned notice issued by the 2^nd respondent dated 21.02.2024 and quash the same.

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For Petitioner : Mr.C.Vakeeswaran For R1 : Mr.S.R.A.Ramachandran Additional Government Pleader

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Page No.1 of 4

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

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W.P(MD)No.4781 of 2024

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For R3 : Mr.B.Arun

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ORDER

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( Order of the Court was made by M.S.RAMESH, J.)

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The only apprehension of the petitioner is that the President of the Usilampatti Panchayat has no authority to conduct eviction proceedings and therefore, the letter in this regard issued by the Panchayat President dated 21.02.2024, is put under challenge in this writ petition.

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Under the Tamil Nadu Land Encroachment Act, 1905, eviction proceedings requires to be initiated only by the Revenue Tahsildar, having jurisdiction over the subject properties. Though the letter of the Panchayat President states that the Panchayat would initiate steps to evict the petitioner, it is hereby clarified that the Usilampatti Panchayat will not have jurisdiction to initiate such eviction proceedings.

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The learned Additional Government Pleader, on

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instructions, submitted that the Tahsildar, Andipatti Taluk / 1^st

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

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Page No.2 of 4

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W.P(MD)No.4781 of 2024

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respondent herein, has already taken steps to initiate eviction proceedings.

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In the light of the submission made, the Tahsildar, Andipatti Taluk / 1^st respondent herein, is called upon to strictly adhere to the procedure contemplated under the Tamil Nadu Land Encroachment

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Act, 1905, for eviction proceedings and pass appropriate final orders, within a period of three months from the date of receipt of a copy of this order. Till such final orders are passed, there shall not be any coercive action.

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