The court recognized the Tamil Nadu Land Encroachment Act as a self-contained framework for adjudicating land disputes, preserving petitioners' rights while requiring compliance with statutory procedures.

COMMON ORDER

[Order of the Court was made by M. SUNDAR, J.]

This common order will now govern the captioned two main 'Writ Petitions' {hereinafter 'WPs' for the sake of brevity, convenience and clarity} and captioned two 'Writ Miscellaneous Petitions' {hereinafter 'WMPs' for the sake of brevity, convenience and clarity} thereat.

2. Mr.A.S.Baalaji, learned counsel on record for writ petitioner and Mr.T.K.Saravanan, learned Additional Government Pleader for all the respondents in both WPs are before us.

3. Captioned main WPs were taken up with the consent of both sides.

4. In both WPs, identical notices both signed by R7 [The Revenue Inspector, Office of the Revenue Inspector, Kundadam, Dharapuram Taluk, Tiruppur District - 638 702] on 21.10.2021 have been assailed. These notices shall be collectively referred to as 'impugned notices' for the sake of brevity, convenience and clarity. Scanned reproduction of impugned notices are as follows:

Two impugned notices in W.P.No.25338 of 2021:

Impugned notice in W.P.No.25339 of 2021:

5. Though impugned notices are addressed to Mr.R.Nageswaran, who is writ petitioner in W.P.No.25538 of 2021, learned counsel for writ petitioners submits that Mr.R.Nageswaran is staking claim for lands which are subject matter of impugned notices. K.Ramasamy has filed W.P.No.25339 of 2021.

6. A careful perusal of impugned notices brings to light that the same have been issued by R7 alleging that 'lands comprised in S.Nos.1003/3, 1004/2 and 1023/1 situate in Nandavanampalayam Village, Dharapuram Taluk, Tiruppur District' {hereinafter 'said lands' for the sake of brevity, convenience and clarity} are Bhoomidhan lands, Bhoomidhan lands cannot be used by anyone other than beneficiaries and on further grounds that said lands have not been distributed to noticee by Bhoomidhan Board.

7. Learned counsel for writ petitioners submitted that said lands are private lands / patta lands and neither Nageswaran nor K.Ramasamy have donated said lands to Bhoomidhan Board.

8. Be that as it may, as regards Bhoomidhan lands, we find that 'the Tamil Nadu Bhoodan Yagna Act, 1958 (Tamil Nadu Act XV of 1958)' {hereinafter 'Bhoodan Act' for the sake of brevity, convenience and clarity} comes into play. The scheme of Bhoodan Act and the constitution of authorities thereunder was dealt with by this Court in Association for Sarva Seva Forms case[ Association for Sarva Seva Forms Vs. The Collector and others] being order dated 04.06.2025 in W.P.No.18043 of 2025 reported inNeutral Citation of Madras High Court in 2025:MHC:1327 Relevant paragraphs are paragraph Nos.4 to 7 & 9 which read as follows:

'4. Mr.T.K.Saravanan, learned Additional Government Pleader accepts notice for R1 to R4 and submits that lands which are subject matter of said representation (which shall hereinafter be referred to as 'said lands') are governed by the ' Tamil Nadu Bhoodan Yagna Act, 1958 (Tamil Nadu Act XV of 1958)' (hereinafter 'said Act' for the sake of brevity, convenience and clarity).

5. A careful perusal of said Act brings to light that the term 'State Board' has been defined vide Section 2 (i) which reads as follows:

2.Definitions – In this Act, unless the context otherwise requires -

(a) ......

(b) ......

(c) ......

(d) ......

(e) ......

(i) ......

(ii) ......

(ee) .......

(f) .......

(g) ......

(h) ......

(i) 'State Board' means the Tamil Nadu State Bhoodan Yagna Board established under Section 3 .

6. Thereafter, Section 3 is of significance and the same reads as follows:

3.Establishment and incorporation of State Board- The duty of carrying out the provisions of this Act, s