Sri Aanoor Amman Payirakula Kalvi v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and Sub Application (MD) No.187 of 2019 and W.M.P.(MD) Nos.14686 and 19808 of 2019 and W.M.P.(MD) No.1323 of 2025 Sri Aanoor Amman Payirakula Kalvi Samaya Samuga Nala Arakattalai, Rep., by its Secretary, Samiyappan, Thumbivadi Village, Aravankuruchi Taluk, Karur District.

... Petitioner Vs.

1.The Revenue Divisional Officer, 2.The Block Development Officer, Paramathi Panchayat Union, Aravankuruchi Taluk, Karur District.

3.The Tahsildar, Aravankuruchi Taluk, Karur District.

4.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, 1/6

5.Samiyappan 6.S.Ganesh 7.P.Kanagaraj 8.A.Shanthi 9.D.Thilagavathy 10.M.Prasanna 11.R.Arthi ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order (notice) in Na.Ka.No.Aa5/1989/2018, dated 16.08.2019 passed by the 2nd respondent as illegal and quash the same and consequently direct the revenue officials not to interfere with the petitioner's trust temple site in S.No.28/2, Thumbivadi Village, Aravakuruchi Taluk, Karur District till the disposal of the aforesaid Civil suits pending before the competent civil courts.

For Petitioner :

Mr.V.Raghavachari Senior Counsel assisted by Mr.M.P.Senthil For RR1, 2 & 3 :

Mr.S.P.Maharajan Special Government Pleader For R4 :

Mr.P.Subbaraj Special Government Pleader For RR7, 8, 10 & 11:

Mr.G.Prabhu Rajadurai For R9 :

Mr.Niranjan S.Kumar Respondent-6 :

Not ready in notice 2/6

O R D E R

[Order of the Court was made by S.M.SUBRAMANIAM, J.] The notice issued by the Block Development Officer, Paramathi Panchayat Union, Aravankuruchi Taluk, Karur District under Sections 131(1) and 131(2) of the Tamil Nadu Panchayats Act, 1994 and Section 6 of the Tamil Nadu Land Encroachment Act, 1905 (hereinafter referred to as "the Act, 1905), dated 16.08.2019 is under challenge in the present writ petition.

2. The short question that arise for consideration in the present writ petition is whether the Block Development Officer has got jurisdiction to issue notice under the Tamil Nadu Land Encroachment Act, 1905. The Act, 1905 contemplates Tahsildar is empowered to issue such a notice. However, in the present case, the Block Development Officer has issued the final notice under Section 6 of the Act, 1905 and thus, the order impugned has been issued without jurisdiction.

3. The learned Senior Counsel appearing for the petitioner and the learned counsel appearing for the respective respondents would 3/6

submit that civil litigations between the parties are pending before the competent civil Court of law and High Court need not adjudicate those issues, which are all sub judice before the civil Court.

4. Therefore, the parties are at liberty to adjudicate all those issues in order to establish their rights in the manner known to law.

5. As far as the impugned notice under Section 6 of the Act, 1905 is concerned, though the Block Development Officer has no jurisdiction and this Court deems it necessary to direct the Block Development Officer to submit necessary report to the jurisdictional Tahsildar regarding encroachment and on receipt of the report, the Tahsildar shall initiate action for removal of the encroachments.

6. Since the present writ petitions are kept pending for long years and mere pendency of a civil suit is not a bar for removal of encroachments, if any, identified. This Court directs the Block Development Officer, Paramathi Panchayat Union, Aravankuruchi Taluk, Karur District to submit necessary report to the jurisdictional Tahsildar regarding encroachment and on receipt of the report, the jurisdictional Tahsildar is directed to initiate action by removing the encroachments by following the procedures as contemplated under 4/6

the Act, 1905. The said exercise is directed to be completed within a period of twelve weeks from the date of receipt of a copy of this order.

7. With the above directions, this Writ Petition stands allowed. Consequently, connected miscellaneous petitions and the sub application are closed. There shall be no order as to costs. [S.M.S., J.] [A.D.M.C., J.] 10.07.2025 Index:Yes Internet:Yes/No NCC:Yes/No abr To 1.The Revenue Divisional Officer, 2.The Block Development Officer, Paramathi Panchayat Union, Aravankuruchi Taluk, Karur District.

3.The Tahsildar, Aravankuruchi Taluk, Karur District.

4.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, 5/6

S.M.SUBRAMANIAM, J.

and DR.A.D.MARIA CLETE, J.

abr 10.07.2025 6/6