Abilduri Vs The Commissioner of Land Administration — Madras HC (2026) — LawSathi Research

Abilduri Vs The Commissioner of Land Administration — Madras HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

No relief on the writ challenge; liberty granted to the petitioner to submit his explanation defending his case or to vacate the premises and hand over possession to the Executive Authority; connected miscellaneous petition (WMP No.7538 of 2026) closed; no costs.

Issue for consideration

Whether the writ petition challenging the show cause notice issued under Section 131(2) of the Tamilnadu Panchayat Act is premature, given that the petitioner must first either vacate the encroached public land or submit an explanation, after which the Executive Officer reports to the Tahsildar and enforcement follows under the Tamilnadu Land Encroachment Act, 1905.

Court's answer

A show cause notice issued under Section 131 of the Tamilnadu Panchayat Act provides no cause for institution of writ proceedings; the encroacher must either vacate the encroached portion of the public land or submit an explanation defending his case.

Ratio / Principle

On receipt of the encroacher's representation with any documents, the Executive Officer has to submit a report to the jurisdictional Tahsildar under Section 131(2) of the Tamilnadu Panchayat Act.

Key takeaways

The Tahsildar concerned is bound to initiate enforcement actions by following the procedures contemplated under the Tamilnadu Land Encroachment Act, 1905.ratio¶29
The writ petition is premature; the petitioner is at liberty to submit his explanation if he chooses to defend his case, or to vacate the premises and hand over possession to the Executive Authority.ratio¶30

Detailed headnote1 paragraphs

High Court of Judicature at Madras (order passed by S.M. Subramaniam J., with K. Surender J. on the bench) dismisses WP No. 6917 of 2026, which challenged a show cause notice dated 19.01.2026 (served 02.02.2026) issued by the Executive Officer / Panchayat president, Udhaiyanatham Village Panchayat, described as issued under Section 131(2) of the Tamilnadu Panchayat Act. Holding the petition premature, the court states that a Section 131 show cause notice provides no cause for writ proceedings: the occupier of encroached public land must either vacate or submit an explanation defending his case; on receipt of such representation the Executive Officer reports to the jurisdictional Tahsildar under Section 131(2), and the Tahsildar must initiate enforcement under the procedures of the Tamilnadu Land Encroachment Act, 1905. The petitioner was granted liberty to submit his explanation or vacate; the writ petition was dismissed with no costs and the connected miscellaneous petition WMP No.7538 of 2026 was closed.

WP No. 6917 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-03-2026

CORAM

THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM

AND

THE HON'BLE MR.JUSTICE K. SURENDER

WP No. 6917 of 2026 and WMP No.7538 of 2026

Abilduri

S/o.Kannan, Mariyamman Kovil Street, Udhaiyanatham Village,Vikravandi Taluk, villupuram District.

..Petitioner(s)

Vs

The Commissioner of Land Administration Ezhilagam,Chepauk, Chennai-600 005

The District Collector Villupuram District, Villupuram.

Teh District Reveneu Officer Villupuram District,Villupuram.

The Tahsildar Vikkiravandi Taluk, Villupuram District.

The Block Development Officer Kanai Panchayat Union, Vikkiravandi Taluk, Villupuram District.

The Executive Officer / Panchayat president, Udhaiyanatham Village Panchayat, Odiyathru Post,Vikkiravandi Taluk, Villupuram District.

..Respondent(s)

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WP No. 6917 of 2026

To call for the records relating to impugned notice issued by the 6th respondent dated 19.01.2026 served on 02.02.2026 and to quash the same consequently direct the 4th respondent to issue patta in the name of Arulmigu Sri Madurai Veeran Temple in Survey No.4/1 situate at Kulirsunai village, Vikravandi Taluk, Villupuram District based on the occupation and resolution of the 6th respondent panchayat dated 23.11.2024 forthwith

WP No. 6917 of 2026

For Petitioner(s): Mr.C.Prabakaran For Respondent(s): Mr.T.Arunkumar, Addl.G.P. for R1 to R6

Order

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

The notice issued under Section 131(2) of the Tamilnadu Panchayat Act dated 19.01.2026 is under challenge in the present writ petition.

The show cause notice issued under Section 131 would provide no cause for institution of writ proceedings. The encroacher either has to vacate the encroached portion of the public land or submit an explanation defending his case. On receipt of any such representation along with the documents, if any, the Executive Officer has to submit a report to the jurisdictional Tahsildar under Section 131(2) of the Tamilnadu Panchayat Act and the Tahsildar concerned is bound to initiate enforcement actions by following the procedures as contemplated under the Tamilnadu Land Encroachment Act, 1905.

This being the procedure contemplated under section 131, the present Writ Petition is premature. Thus, the petitioner is at liberty to submit

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WP No. 6917 of 2026

his explanation if he has chosen to defend his case or vacate the premises and hand over possession to the Executive Authority.

Granting liberty to the petitioner to submit his explanation, the present

Writ Petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.

(S.M.S.,J.) (K.S.,J.) 02-03-2026

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

VSI

To

The Commissioner of Land Administration Ezhilagam,Chepauk, Chennai-600 005

The District collector Villupuram District,Villupuram.

Teh District Reveneu Officer Villupuram District,Villupuram.

The Tahsildar Vikkiravandi Taluk,Villupuram District.

The Block Development officer Kanai Panchayat Union Vikkiravandi Taluk,Villupuram District.

The Executive officer / Panchayat president, Udhaiyanatham Village Panchayat, Odiyathru Post,Vikkiravandi Taluk, Villupuram District.

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WP No. 6917 of 2026

S.M.SUBRAMANIAM J. AND K.SURENDER J.

VSI

WP No. 6917 of 2026

02-03-2026

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