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2026 Supreme(Online)(Mad) 26786

IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.R.SWAMINATHAN, R.POORNIMA, JJ
Yasothai – Appellant
Versus
The District Collector, O/o.the District Collector, Madurai District – Respondent
W.P.(MD)No.17854 of 2019 | W.M.P.(MD)No.14323 of 2019



Advocates:
For the Appellants/Petitioners: Dr.R.Alagumani
For the Respondents: Mr.G.V.Vairam Santhosh, Additional Government Pleader

Block Development Officer can notice encroachment removal but must refer to Tahsildar for coercive action under Tamil Nadu Land Encroachment Act.

Headnote:The petitioner challenged an order under Article 226 directing removal of encroachment on public land under the Tamil Nadu Land Encroachment Act, 1905. The Block Development Officer issued a notice to remove the encroachment. The court held that the officer can issue such notice but cannot take coercive action independently; must refer to Tahsildar for action under the Act, allowing petitioner to raise contentions therein. Issue: Whether the Block Development Officer can enforce removal of encroachment coercively. Ratio: Encroachment removal notice valid, but coercive steps require Tahsildar proceedings under the Act. Writ petition disposed of with clarification; no costs.

Table of Content
1. bdo notice valid; coercive action via tahsildar. (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.

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