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2026 Supreme(Online)(Mad) 26785
IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.R.SWAMINATHAN, R.POORNIMA, JJ
Vellaiammal – Appellant
Versus
The District Collector, O/o.the District Collector, Madurai District – Respondent
W.P.(MD)No.17853 of 2019 | W.M.P.(MD)No.14322 of 2019
For the Appellants/Petitioners: Dr.R.Alagumani
For the Respondents: Mr.G.V.Vairam Santhosh, Additional Government Pleader
Block Development Officer can issue encroachment removal notice but must refer non-compliance to Tahsildar under Tamil Nadu Land Encroachment Act, 1905.
Headnote:The petitioner challenged an order under Article 226 seeking certiorari to quash a notice issued by the Block Development Officer directing removal of alleged encroachment. The court examined the authority of the Block Development Officer under relevant revenue laws, including the Tamil Nadu Land Encroachment Act, 1905. The court found that while the Officer can issue a notice to remove encroachment, coercive action requires escalation to the Tahsildar under the said Act. The key issue was whether the Block Development Officer could independently enforce removal of encroachments. The court clarified that upon non-compliance, the matter must be reported to the Tahsildar for proceedings under the Tamil Nadu Land Encroachment Act, 1905, allowing the petitioner to raise contentions therein. The writ petition was disposed of with the aforesaid clarification. No costs.
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| 1. bdo issues notice but escalates to tahsildar for enforcement. (Para 2) |
O R D E R
Heard both sides.
2. The jurisdictional Block Development Officer had issued the impugned letter dated 22.07.2019 calling upon the petitioner to remove the encroachment in question. The Block Development Officer is entitled to call upon the noticee to remove the encroachment. If the encroacher fails to comply with the demand, the Block Development Officer cannot take any coercive action on his own. He has to report the matter to the jurisdictional Tahsildar to take action under the Tamil Nadu Land Encroachment Act, 1905. As and when action is initiated under the said Act, the petitioner herein can place all her contentions before the authority concerned. With the aforesaid clarification, this writ petition is disposed of. No costs.
