Vasanthakumari Vs the District Collector

Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Certiorarified Mandamus, calling for the records relating to notice of third

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Page Nos.1/4

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

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W.P.No.14019 of 2026

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respondent dated 07.03.2026 in Na.Ka.No.01/2026, quash the same and consequently, direct the 2nd respondent to initiate a proceeding under the provision of land encroachment 1905 in respect of land in Survey Nos.93/3 and 94/2 after fixing the boundary stone for patta land of petitioner in Survey Nos.93/3 an extent of 0.60.00 Hec and 94/2 an extent of 0.10/05 Hec. By the 2nd respondent in pursuant to the application dated 10.03.2026.

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For Petitioner : Mr.M.Elango For Respondent : Mr.T.Arun Kumar Additional Government Pleader *********

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O R D E R

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[Made by S.M.SUBRAMANIAM, J., ]

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The writ petition has been filed challenging the notice dated 07.03.2026 issued under Section 131 of the Tamil Nadu Panchayats Act, 1994 (“the Panchayat Act”).

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The Block Development Officer / Special Officer, identified encroachments in Thottivalasu Panchayat and issued a notice calling upon the encroachers to vacate the encroachments and hand over vacant possession to the Panchayat, failing which further appropriate action will be initiated. The said show cause notice cannot provide any cause for instituting proceedings. That apart, the Block Development Officer, on receipt of the explanation from the encroachers has to consider the same and form a final opinion regarding the encroachments and file a report to the jurisdictional

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Page Nos.2/4

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

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W.P.No.14019 of 2026

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Tahsildar for initiation of enforcement action under the provisions of “the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905)” {hereinafter “1905 Act” for the sake of brevity}, if the encroachers fail to vacate the encroachments from the Panchayat property. Therefore, the impugned notice would not provide any cause for the present writ petition.

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The learned counsel for the petitioner would submit that explanations have already been submitted. If so, the Block Development Officer shall consider the same and submit a report to the Tahsildar, if any encroachment is identified and on receipt of the report, the Tahsildar shall initiate enforcement action by following the procedure as contemplated under 1905 Act for eviction of encroachments. The entire exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order.

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