High Court · 2025

W.P.No.4302 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 20.06.2025CORAMTHE HONOURABLE MR.JUSTICE M.SUNDAR andTHE HONOURABLE MR.JUSTICE R.SAKTHIVELW.P.No.4302 of 2024&W.M.P No.4897 of 2024S.Sagayanathan... PetitionerVs.1. The District Collector Villupuram District 2. Mugaiyur Panchayat Rep. by its President Office of the Mugaiyur Panchayat Thirukovilur Taluk Villupuram District3. Louis Poulin 4. Vincent Lidiya... Respondents Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus to direct the 1st and 2nd respondents to protect and preserve the 20 feet public road situated in Page Nos.1/10 https://www.mhc.tn.gov.in/judis W.P.No.4302 of 2024Thankam Avenue, Re-survey No.15/2, Mugaiyur Village, Villupuram District and maintain the same as a common pathway for the public to use without any hindrance and for other orders.For Petitioner : Ms.Selvi GeorgeFor Respondents:Mr.T.K.SaravananAddl. Govt. Pleader for R1 and R2Mr.R.Sagadevan for R3 and R4ORDER[Order of the Court was made by M.SUNDAR, J.,]Subject matter of captioned main 'Writ Petition' ['WP' for the sake of brevity] is a '20 public feet road situate in Thankam Avenue, Re-survey No.15/2, Mugaiyur Village, Villupuram District' [hereinafter 'said Road' for the sake of convenience and clarity].2. Ms.G.Selvi George, learned counsel for writ petitioner and Mr.T.K.Saravanan, learned Additional Government Pleader for official respondents 1 and 2 and Mr.R.Sagadevan, learned counsel for private respondents (R3 and R4) are before us. Page Nos.2/10 https://www.mhc.tn.gov.in/judis W.P.No.4302 of 20243. According to learned counsel for writ petitioner, private respondents (R3 and R4) are encroachers qua said road. However, learned counsel for private respondents submits to the contrary and disputes the allegation that R3 and R4 have encroached upon public road. We make it clear that we are not expressing any view or opinion on this contestation as learned State counsel submits that the President of Mugaiyur Village Panchayat has already issued a notice dated 27.02.2023 bearing reference Kifa{h;-002;-2025 to private respondents (R3 and R4). A copy of this notice has been placed before us and a scanned reproduction of the same is as follows:Page Nos.3/10 https://www.mhc.tn.gov.in/judis W.P.No.4302 of 2024Page Nos.4/10 https://www.mhc.tn.gov.in/judis W.P.No.4302 of 20244. Adverting to the above notice, learned State counsel submits that the above notice is under Section 131(2) of 'the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994)' [hereinafter 'said Act' for the sake of convenience and clarity], which reads as follows:''131. Prohibition against obstructions in or over public roads, etc., (1) ....(a) ......(b) ......(c) ......(d) ......(f) .......(2) It shall be the duty of the Village Administrative Officer of every revenue village to report on encroachments on properties vested in Village Panchayats or Panchayat Union Councils to the Executive Authority or the Commissioner concerned and to the officer of the Revenue Department, and [it shall be the duty of the Executive Authority or the Commissioner concerned either suo motto or on obtaining a report from the Village Administrative Officer in this regard to institute proceedings under this Act] and secure the removal of the encroachments within such time as may be specified by the Government by general or special order. If the removal of the encroachments has not been secured within the period specified in such order, the officers of the Revenue Department shall institute proceedings under the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905) and secure Page Nos.5/10 https://www.mhc.tn.gov.in/judis W.P.No.4302 of 2024such removal.'5. A careful perusal of the aforementioned provision makes it clear that non-compliance qua a notice under Section 131(2) of said Act means officers of the Revenue Department shall institute proceedings under 'The Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905)' {hereinafter 'said 1905 Act' for the sake of brevity, convenience and clarity}. Learned State counsel submits that proceedings under said 1905 Act will be kick started within a fortnight from today i.e., on or before 04.07.2025. Kick starting proceedings under said 1905 Act necessarily means that private respondents (R3 and R4) and/or any other alleged encroacher should be show-caused under Section 7 of said 1905 Act. In this regard, we make it clear that all the rights and contentions of private respondents (R3 and R4) as well as any other person, who may be show-caused, are preserved for responding to Section 7 notices when they are visited with the same. Thereafter, the matter will proceed and it shall be carried to its logical end on its own merits and in accordance with said 1905 Act. In this regard, we deem it appropriate to write that this Court has Page Nos.6/10 https://www.mhc.tn.gov.in/judis W.P.No.4302 of 2024repeatedly held that said 1905 Act is a self-contained Code. 6. In this regard, before proceeding further, it is deemed appropriate to write that this Court, in order dated 29.04.2025 in W.P.Nos.8355 and 8357 of 2022 and W.M.P. Nos.8324 and 8237 of 2022 thereat, respectfully adverting to the Girnar principle, i.e., declaration of law made by a Constitution Bench of the Hon'ble Supreme Court in Girnar Traders (3) vs. State of Maharashtra reported in (2011) 3 SCC 1, held that said 1905 Act is a self contained Code. To be noted, Girnar principle is one where Hon'ble Supreme Court declared the law as regards what would be a self-contained Code. It was held that a statute, which is a complete legislation with regard to the purpose for which it is enacted and provides for complete machinery to deal with purposes sought to be achieved by the statute with dependence on other legislations being absent or at best minimal, is a self-contained Code. In this context, as regards said 1905 Act, inter alia, there is a provision to have the alleged encroacher show caused under Section 7 of said 1905 Act followed by an order (considering the cause shown). The order under Section 6 is appealable under Section 10 [District Collector is Page Nos.7/10 https://www.mhc.tn.gov.in/judis W.P.No.4302 of 2024the appellate authority] and there is a provision for further revision to the Government under Section 10-A of said 1905 Act. Pending appeal / revision, there is a provision for making interim prayer vide Section 10-B of said 1905 Act. Such a three-tier machinery has been put in place to check unauthorised occupation of lands which are the properties of the Government by imposition of penal or prohibitory assessment or charge, after giving adequate and ample opportunity to a person who is alleged to be in occupation of public roads, streets, lanes and paths, bridges, ditches, dikes and fences, rivers, streams, nalas, lakes, tanks and such other properties of Government. Suffice to say that said 1905 Act is clearly a self-contained Code.7. Let proceedings under said 1905 Act shall commence within a fortnight from today i.e., on or before 04.07.2025 and let the same be carried to its logical end on its own merits and in accordance with law untrammelled by this order as we have not expressed any view or opinion one way or the other on the rights and contentions of the alleged encroachers and on the contrary we have preserved all the rights and contentions of the alleged encroachers.Page Nos.8/10 https://www.mhc.tn.gov.in/judis W.P.No.4302 of 2024Captioned WP disposed of in the aforesaid manner. Consequently, captioned WMP is disposed of as closed. There shall be no order as to costs.(M.S.,J.)(R.S.V.,J.) 20.06.2025Index : Yes / NoNeutral Citation : Yes / NogpaTo1. The District Collector Villupuram District2. The President Mugaiyur Panchayat Office of the Mugaiyur Panchayat Thirukovilur Taluk Villupuram DistrictPage Nos.9/10 https://www.mhc.tn.gov.in/judis W.P.No.4302 of 2024M.SUNDAR, J.,andR.SAKTHIVEL, J.,gpaW.P.No.4302 of 202420.06.2025Page Nos.10/10