2025:MHC:2796 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02-12-2025 CORAM THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN WP No. 42445 of 2025

1. Ananda Dhanasekaran Petitioner(s)

Vs

1. The District Collector Kancheepram District , Kancheepuram.

2.Revenue Divisional Officer Kancheepuram Division, Kancheepuram.

3.The Tahsildar Kancheepuram Taluk, Kancheepuram District.

4.Santha Anandan Respondent(s)

PRAYER Calling for the records of the Impugned Form III notice issued by the 4th respondent dated 23.07.2025 for the house premises in survey No.31/1 situated at Door No.149, Athivakkam Village, Aattuputhur P.O., Kancheepuram Taluk and District and quash the same.

For Petitioner(s): Mr.R.Govindasamy For Respondent(s): Mr.T.Arunkumar, Additional Government Pleader For R1 To R3 Mr.N.Muthuvel, Govt. Advocate For R4

ORDER

(Order of the Court was made by S.M.Subramaniam J.)

Form 3 notice issued by the Block Development Officer, Valajabat Panchayat Union dated 23.07.2025 is under challenge in the present writ proceedings.

2. Section 131 of the Tamil Nadu Panchayat Act provides Prohibition against obstructions in or over public roads, etc,. Sub-section (2) to Section

131 reads as follows:

“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 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. Therefore, based on the report of the Village Administrative Officer, Executive Authority or Commissioner concerned may initiate proceedings under the Act and secure removal of encroachments within the time as may be specified in proceedings. If encroachers have not vacated and handed over the possession, executive authority or Commissioner is bound to submit a report to the jurisdictional Tahsildar for initiation of eviction proceedings under Tamil Nadu Land Encroachment Act, 1905. However, Executive Authority or Commissioner are not competent to initiate proceedings under Tamil Nadu Land Encroachment Act. At this juncture, counsel for the respondents relied on the judgment of Division Bench of this Court in Shantha Anandan Vs. The District Collector, Kanchipuram District in W.P.No.24271 of 2025, dated 07.07.2025. The relevant paragraph is extracted hereinunder:

“…

10. This Court directs the jurisdictional Divisional Monitoring Committee to examine if there is encroachment qua said land.

11. The Divisional Monitoring Committee qua said GO shall (if it comes to the conclusion that there is encroachment) report the encroachment to appropriate authorities concerned for further action (for removal of encroachment). In this regard, we are acutely conscious that the matter is being disposed of in Admission Board without notice to alleged encroacher and therefore, this safety valve is put in place. To be noted, all the rights and contentions of alleged encroacher are preserved for being raised before the Committee concerned which shall consider the same on their own merits and in accordance with law untrammelled by th