Judgment · High Court
Case at a glance
- Bench
- S M SUBRAMANIAM
Outcome
Disposed of
Accordingly, the Writ Petition stands disposed of
Provisions considered
Judgment
W.P. No.21874 of 2021IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 06.01.2026CORAM :THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAMandTHE HONOURABLE MR.JUSTICE C.KUMARAPPANW.P. No.21874 of 2021andW.M.P. Nos.20814, 23061 and 23064 of 20211.S.SridharanS/o. Subramaniam, D.No.109(2), Kurumbalamahadevi Village and Post, Karukkampallam, Paramathi Velur Taluk, Namakkal District - 637 203.
S.MurugaiyanS/o. Subramaniam, D. No. 109(2), Kurumbalamahadevi Village and Post, Karukkampallam, Paramathi Velur Taluk, Namakkal District - 637 203. Petitioner(s)Vs1. The District CollectorCollectorate, Namakkal District, Namakkal. 2. The TahsildarTaluk Office, Paramathi Velur Taluk, Namakkal District, Namakkal.
The Block Development OfficerKabilar Malai Panchayat Union, 1/7 https://www.mhc.tn.gov.in/judis W.P. No.21874 of 2021 Paramathi Velur Taluk, Namakkal District, Namakkal.
Kurumbala Mahadevi PanchayatRep by its President, Kurumbalamahadevi Village and Post, Paramathi Velur Taluk, Namakkal District, Namakkal.
The Village Administrative OfficerKurumbalamahadevi Village and Post, Paramathi Velur Taluk, Namakkal District, Namakkal.
K.Palanisamy7.M.Rajendran8.C.Dhanasekar(R6 to R8 impleaded vide order dated 06.01.2026 made in W.M.P. No.20814 of 2022 in W.P.No.21874 of 2021 by SMSJ, CKJ)Respondent(s)Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records of the 4th respondent vide proceedings in Na.Ka.No.1/2021/Ku dated 27.08.2021 pertaining to land and building measuring an extent of 1025 sq.feet in Survey No.136B/2 or Kurumbala Mahadevi Village and quash the same and consequently direct the respondents herein to consider issuance of patta for the above lands in favour of the petitioners as per the Government Schemes. For Petitioner(s) : Mr.Govinda Raj for Mr.R.SivaramanFor Respondent(s) : Mr.T.Arun Kumar Additional Govt. Pleader (for R1, R2 & R5)2/7 https://www.mhc.tn.gov.in/judis W.P. No.21874 of 2021 No appearance (for R3 & R4) Mr.L.Mouli (for R6 to R8)
O R D E R(Order of the Court was made by S.M.SUBRAMANIAM, J.)Notice issued under Section 131(2) of the Tamil Nadu Panchayat Act, 1994, is sought to be assailed in the present writ proceedings. The learned counsel for petitioners would mainly contend that the President, Panchayat has no jurisdiction to issue the notice by invoking the powers conferred under Section 131(2) of the Panchayat Act, 1994. Sub-section (2) to Section 131 of the Panchayat Act, 1994, reads as under: “(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 motu or on obtaining a report from the Village Administrative Officer in this regard to institute proceedings under this Act] [Substituted for the words 'it shall be the duty of the Executive Authority or the Commissioner concerned to institute proceedings under this Act' by Tamil Nadu Panchayats (Third Amendment) Act, 1999 (Tamil Nadu Act 29 of 1999).] and secure the removal of the 3/7 https://www.mhc.tn.gov.in/judis W.P. No.21874 of 2021encroachments 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.” 2. In view of the above provision, the Executive authority or the Commissioner concerned shall issue notice asking the encroachers to vacate the property belonging to Panchayat by fixing time lines. In the event of failure to vacate the Panchayat property, the executive authority or the Commissioner is bound to submit a report to the Jurisdictional Tahsildar, who has to invoke the provisions of the Tamil Nadu Land Encroachment Act, 1945, for eviction of encroachers by following the procedure as contemplated under the Land Encroachment Act. Therefore, the President, Panchayat Union is not empowered to evict the encroachers from the Panchayat Property.
Operative part
Therefore the impugned notice may be treated as a show cause notice for all purposes and the petitioners are at liberty to submit their representation along with documents, if any, within a period of two weeks from the date of receipt of a copy of this order. Along with the representation, the President may submit a report to the Executive Officer 4/7 https://www.mhc.tn.gov.in/judis W.P. No.21874 of 2021or the Commissioner, who in turn shall issue further notice to the encroachers for removal of encroachments. In the event of failure, thereafter a report is to be filed by the jurisdictional Tahsildar by invoking the provisions of Tamil Nadu Land Encroachment Act for removal of encroachments. The entire exercise is directed to be completed within a period of 12 weeks from the date of receipt of a copy of this order. 3. Accordingly, the Writ Petition stands disposed of. No costs. Consequently, the connected miscellaneous petitions are closed.
(S.M.S., J.) (C.K., J.) 06.01.2026Neutral Citation: Yes/No Index: Yes/NoSpeaking/Non-speaking ordermka5/7 https://www.mhc.tn.gov.in/judis W.P. No.21874 of 2021To:1. The District CollectorCollectorate, Namakkal District, Namakkal. 2. The TahsildarTaluk Office, Paramathi Velur Taluk, Namakkal District, Namakkal. 3. The Block Development OfficerKabilar Malai Panchayat Union, Paramathi Velur Taluk, Namakkal District, Namakkal. 4. The President, Kurumbala Mahadevi PanchayatKurumbalamahadevi Village and Post, Paramathi Velur Taluk, Namakkal District, Namakkal. 5. The Village Administrative OfficerKurumbalamahadevi Village and Post, Paramathi Velur Taluk, Namakkal District, Namakkal.6/7 https://www.mhc.tn.gov.in/judis W.P. No.21874 of 2021S.M.SUBRAMANIAM, J.andC.KUMARAPPAN, J.mkaW.P. No.21874 of 202106.01.20267/7
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, the Writ Petition stands disposed of
Which statutory provisions did this judgment involve?
Constitution of India — art. 226; Tamil Nadu Panchayat Act, 1994 — s. 131(2); Panchayat Act, 1994 — ss. 131, 131(2); Tamil Nadu Panchayats (Third Amendment) Act, 1999; Tamil Nadu Act; 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.