S.Thiyagarajan v. The Block Development Officer,(Village Panchayat), Srimushnam, Cuddalore District
Case at a glance
Outcome
Disposed of
With the above directions, these Writ Petitions are disposed of
Provisions considered
Key paragraphs
- Para 33. The learned Additional Government Pleader would oppose by stating that the show cause notice issued is under challenge. Therefore, the documents filed by the petitioners are to be considered by the competent Authority for taking final decision to evict the encroachments, if any, identified.…
Judgment
WP Nos. 7308, 7312 & 7316 of 2022__________Page1 of 5IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 12-03-2026CORAMTHE HON'BLE MR JUSTICE S. M. SUBRAMANIAMANDTHE HON'BLE MR.JUSTICE K. SURENDERWP No s . 7308, 7312 & 7316 of 2022 andWMP N os . 734 5, 7348 & 7349 of 2022 W.P.No.7308 of 2022:S.Thiyagarajan ..Petitioner VsThe Block Development Officer,(Village Panchayat), Srimushnam, Cuddalore District...Respondent WP No. 7312 of 2022:S.Manivannan ..Petitioner VsThe Block Development Officer(Village Panchayat), Srimushnam, Cuddalore District...Respondent WP No. 7316 of 2022:Vagisan ..Petitioner VsThe Block Development Officer(Village Panchayat), Srimushnam, Cuddalore District...Respondent https://www.mhc.tn.gov.in/judis WP Nos. 7308, 7312 & 7316 of 2022__________Page2 of 5Common Prayer: Writ Petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the entire records relating to the impugned order passed by the respondent in his proceedings Na.Ka.No. A2/1589/2021, dated 24.02.2022 and quash the same. For Petitioners :Mr.C.Prakasam in all WPsFor Respondent :Mr.T.Arunkumar, Addl. Govt. Pleader in all Wps*****Order(Order of the Court was made by S.M.Subramaniam, J.)The notice dated 24.02.2022 issued under Section 131 of the Tamil Nadu Panchayats Act, 1994 is under challenge in the present Writ proceedings.
The learned counsel for the petitioners would submit that no opportunity has been given and through the impugned notice the petitioners are directed to vacate the occupied portion of the land. He would further submit that the petitioners have produced documents to establish their rights, but the same has not been considered.
Operative part
The learned Additional Government Pleader would oppose by stating that the show cause notice issued is under challenge. Therefore, the documents filed by the petitioners are to be considered by the competent Authority for taking final decision to evict the encroachments, if any, identified. https://www.mhc.tn.gov.in/judis WP Nos. 7308, 7312 & 7316 of 2022__________Page3 of 54. The procedures are contemplated under Section 131(2) of the Panchayats Act. The Executive Authority/ Block Development Officer on receipt of explanation has to consider and take final decision and submit a final report to the jurisdictional Tahsildar for initiation of enforcement actions under the provisions of the Tamil Nadu Land Encroachment Act, 1905. 5. In view of Section 131 of the Panchayats Act, the Block Development Officer is directed to initiate all appropriate actions for submission of detailed report to the Tahsildar for initiation of eviction proceedings. The petitioners are at liberty to defend their case by submitting explanation, documents, if any, which is to be considered before taking a final decision. The said exercise is directed to be completed within a period of twelve (12) weeks from the date of receipt of a copy of this order. 6. With the above directions, these Writ Petitions are disposed of. No costs. Consequently, the connected miscellaneous petitions are closed. (S.M.S.,J.) (K.S.,J.) 12-03-2026Index: Yes/NoSpeaking/Non-speaking orderNeutral Citation: Yes/NoDSA https://www.mhc.tn.gov.in/judis WP Nos. 7308, 7312 & 7316 of 2022__________Page4 of 5ToThe Block Development Officer,(Village Panchayat), Srimushnam, Cuddalore District. https://www.mhc.tn.gov.in/judis WP Nos. 7308, 7312 & 7316 of 2022__________Page5 of 5S.M.SUBRAMANIAM J.ANDK.SURENDER J.DSAWP Nos. 7308, 7312 & 7316 of 202212-03-2026
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: With the above directions, these Writ Petitions are disposed of
Which statutory provisions did this judgment involve?
Constitution of India — art. 226; Tamil Nadu Panchayats Act, 1994 — s. 131; Tamil Nadu Land Encroachment Act, 1905.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.