Back
2026 Supreme(Online)(Mad) 26033
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. M. Subramaniam, K. Surender, JJ
Susi – Appellant
Versus
The District Collector, District Collector’s Office, Ariyalur. – Respondent
WP No. 7523 of 2026
For the Appellants/Petitioners: Mr.R.Sampath Kumar
For the Respondents: Mr.T.Arunkumar, Addl. Govt. Pleader for R1 to 3 & 5, Mr.C.Selvaraj, Addl. Govt. Pleader for R4, Mr.M.Babu Muthumeeran, Addl. Public Prosecutor for R6, Mr.M.Elumalai for R7
Mandamus directs authorities to follow Section 131 TN Panchayats Act procedure for encroachment eviction after show cause notice.
Headnote:The petitioner seeks enforcement of an order directing removal of encroachment on public land under the Tamil Nadu Panchayats Act. Key facts involve identification of encroachment in survey No. 118/17 by revenue authorities, with prior directions issued but no eviction action taken. The court notes that show cause notice under Section 131 has been issued, directing the executive authority to consider any explanation from the encroacher, decide, and proceed with eviction. The primary issue is implementation of the Vigilance Committee's eviction order and maintenance of the land as public space. The court's ratio requires the authority to follow due process under Section 131, affording opportunity to the alleged encroacher before final eviction. Writ petition disposed of with directions to complete eviction exercise within twelve weeks.
| Table of Content |
|---|
| 1. enforcement of prior encroachment removal order sought (Para 1 , 2) |
| 2. show cause notice issued; encroacher denies (Para 3 , 4) |
| 3. due process mandated; eviction within 12 weeks (Para 5) |
7. Viswanathan ..Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 4th respondent herein, the Block Development Officer of Jayankondam (Village Panchayat) to remove the illegal encroachment made by the 7th respondent in survey No. 118/17 measuring to an extent of 0.11 cents situated at Guruvalapparkoil Village, Ariyalur District as ordered in NA.KA.A1/2956/2025 dated 25.10.2025 by the President Vigilant Committee Cum Revenue Divisional Officer of Udayarpalayam (2nd respondent herein) and consequently directing the respondents 1 to 3 to maintain the said extent of land as Public place by laying boundary stones.
For Petitioner : Mr.R.Sampath Kumar For Respondents : Mr.T.Arunkumar, Addl. Govt. Pleader for R1 to 3 & 5 Mr.C.Selvaraj, Addl. Govt. Pleader for R4 Mr.M.Babu Muthumeeran, Addl. Public Prosecutor for R6 Mr.M.Elumalai for R7
ORDER
(Order of the Court was made by S.M.Subramaniam J.)
The Writ of Mandamus has been instituted to direct the 4th respondent Block Development Officer of Jayankondam (Village Panchayat) to remove the illegal encroachment made by the 7th respondent in survey No. 118/17 measuring to an extent of 0.11 cents situated at Guruvalapparkoil Village, Ariyalur District as ordered in NA.KA.A1/2956/2025 dated 25.10.2025 by the President Vigilant Committee Cum Revenue Divisional Officer of Udayarpalayam (2nd respondent herein) and consequently direct the respondents 1 to 3 to maintain the said extent of land as Public place by laying boundary stones.
2. The learned counsel for the petitioner would submit that the Revenue Authorities during inspection identified encroachments and issued directions to the Block Development / Executive Authority to remove the encroachments. Since no further action for eviction has been initiated, the present Writ Petition is filed.
3. The learned Additional Government Pleader on instructions would submit that the enforcement actions have been commenced and show cause notice under Section 131 of the Tamil Nadu Panchayats Act [hereinafter referred to as “the Act”] has been issued to the 7th respondent by the competent Authority.
4. The learned counsel for the 7th respondent would submit that he is not an encroacher.
5. However, the 7th respondent is at liberty to submit his explanation along with documents, if any, in response to the notice issued by the competent Authority under Section 131 of the Act. On receipt of any such explanation, the Executive Authority shall consider the same, take a final decision and thereafter proceed with the eviction of encroachments by following the procedures. 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.
