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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
S.M. Subramaniam, A.D.Maria Clete, JJ.
A.Manimaran - Petitioner
Versus
The Tahsildar, Vadipatti and ors. – Respondents
W.P.(MD) No.18554 of 2025
Decided On : 09-07-2025
| Table of Content |
|---|
| 1. judicial notice taken of representation for the respondents. (Para 1) |
| 2. final hearing consent. (Para 2) |
| 3. block development officer's lack of authority. (Para 3) |
| 4. setting aside of improper notice and directions issued. (Para 4) |
| 5. dismissal of petition with directives. (Para 5) |
ORDER :
S.M.SUBRAMANIAM, J.
Mr.M.Sarangan, learned Additional Government Pleader, takes notice for the respondents 1 to 3 and Mr.S.P.Maharajan, learned Special Government Pleader, takes notice for the fourth respondent.
2. With the consent of both sides, this writ petition is taken up for final hearing at the admission stage itself.
3. The impugned notice has been issued by the Block Development Officer, Alanganallur. The said notice was issued for removal of encroachment. Under the Tamil Nadu Land Encroachment Act, 1905, the Block Development Officer has no power to issue such notice. However, the Block Development Officer has to submit a report to the jurisdictional Tahsildar by providing details regarding encroachments enabling the Tahsildar to issue a notice for removal of encroachments and to remove the encroachments by following the procedures as contemplated under the said Act.
4. In view of the fact that the impugned notice, dated 08.04.2025, issued by the Block Development Officer, Alanganallur, is without jurisdiction, the same is set aside. However, the Block Development Officer, Alanganallur, is directed to submit a report to the jurisdictional Tahsildar by providing the details regarding encroachments, who in turn is directed to initiate all appropriate action to remove the encroachments by following the procedures as contemplated under the Tamil Nadu Land Encroachment Act, 1905. The said exercise is directed to be completed within a period of twelve weeks from the date of receipt of a copy of this order.
5. With the above observation, this writ petition is allowed. No costs.
AI
Only the jurisdictional Tahsildar can issue notices for removal of encroachments under the Tamil Nadu Land Encroachment Act, 1905, not the Block Development Officer.
Block Development Officer can issue encroachment removal notice but must refer non-compliance to Tahsildar under Tamil Nadu Land Encroachment Act, 1905.
Block Development Officer can notice encroachment removal but must refer to Tahsildar for coercive action under Tamil Nadu Land Encroachment Act.
The Block Development Officer is authorized under Section 131(2) of the Tamil Nadu Panchayats Act to address encroachments.
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