Judgment · High Court

W.P.3059 of 2026IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 30.01.2026C O R A MTHE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAMANDTHE HONOURABLE MR.JUSTICE C.KUMARAPPANW.P.No.3059 of 2026andW.M.P.No.3458 of 2026 Dharman @ Dharmalingam ... Petitioner -vs-1.The District Collector, Tiruvannamalai, Tiruvannamalai District.

The Tahsildar, Vandavasi Taluk, Tiruvannamalai District.

The Block Development Officer (Village Panchayat), Mangalam Mamandur Panchayat, Vandavasi, Tiruvannamalai District. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to praying to issue a Writ of Certiorari, to call for the records of the 3rd respondent in impugned proceedings dated 19.01.2026 and quash the same as illegal and without jurisdiction. 1/6 https://www.mhc.tn.gov.in/judis W.P.3059 of 2026 For Petitioner : Mr.R.Suresh Kumar for M/s.K.M.Vijayan AssociatesFor Respondents: Mr.A.Selvendran, Spl. Govt. Pleader for R1 & R2 Mr.T.K.Saravanan, Addl. Govt. Pleader for R3*****

O R D E R(Order of the Court was made by S.M.SUBRAMANIAM,J.,)The present Writ Petition has been instituted to assail the final notice issued under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 [hereinafter referred to as “the Act”] 2. The main ground raised by the petitioner is that the notice under Section 6 has been issued by the incompetent Authority viz., Special Officer/ Block Development Officer, Mamandur Panchayat. 3. The learned counsel for the petitioner would submit that the Block Development Officer is an incompetent Authority. 2/6 https://www.mhc.tn.gov.in/judis W.P.3059 of 2026 4. The learned Special Government Pleader would submit that the initial notice was issued by the Block Development Officer/ Executive Authority under Section 131 of the Tamil Nadu Panchayat Act, 1994. Therefore, the Special Officer is empowered to issue notice. 5. This Court is of the considered view that the initial action taken by the Block Development Officer under Section 131 of the Tamil Nadu Panchayat Act is in consonance with the provisions under the Panchayat Act.

Section 131(2) of the Tamil Nadu Panchayat Act reads as under(2) It shall be the duty of the Village Administrative Officer of every revenue village to report 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 such removal.

3/6 https://www.mhc.tn.gov.in/judis W.P.3059 of 2026 6. In view of the above provision, the Block Development Officer is empowered to issue notice under Section 131(2) of the Panchayat Act for eviction of encroacher and to remove the obstructions in or over the public roads. However, if the encroacher failed to vacate the encroachment, thereafter, the Executive Authority or the Commissioner has to submit a report to the jurisdictional Tahsildar/ competent Authority to initiate eviction proceedings by invoking the provisions under the Tamil Nadu Land Encroachment Act, 1905. Sub-Section (2) of Section 131 of Panchayat Act itself contemplates the procedures to be followed for eviction of encroachment. The notice issued by the Block Development Officer under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 is without jurisdiction. 7. Thus, the impugned Section 6 notice dated 19.01.2026 issued by the 3rd respondent is set aside.