A.Manimaran v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE A.Manimaran ... Petitioner -vs1.The Tahsildar Vadipatti Tahsildar Office Vadipatti Madurai District 2.The Revenue Inspector Muduvarpatti Firka Vadipatti Taluk Madurai District 3.The Land Surveyor Muduvarpatti Firka Vadipatti Taluk Madurai District 4.The Block Development Officer Alanganallur Block Development Office Alanganallur, Madurai District ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorari to call for the records of the 4th Respondent pertaining to the impugned Notice dated 08.04.2025 in the Na.Ka.No.2725/2025/T2 and quash the same as illegal, void, arbitrary.

For Petitioner :

Mr.M.Mithun For Respondents :

Mr.M.Sarangan Additional Government Pleader for R1 to R3 Mr.S.P.Maharajan Special Government Pleader for R4

O R D E R

[Order of the Court was made by S.M.SUBRAMANIAM, J.] Mr.M.Sarangan, learned Additional Government Pleader, takes notice for the respondents 1 to 3 and Mr.S.P.Maharajan, learned Special Government Pleader, takes notice for the fourth respondent.

2. With the consent of both sides, this writ petition is taken up for final hearing at the admission stage itself.

3. The impugned notice has been issued by the Block

Development Officer, Alanganallur. The said notice was issued for removal of encroachment. Under the Tamil Nadu Land Encroachment Act, 1905, the Block Development Officer has no power to issue such notice. However, the Block Development Officer has to submit a report to the jurisdictional Tahsildar by providing details regarding encroachments enabling the Tahsildar to issue a notice for removal of encroachments and to remove the encroachments by following the procedures as contemplated under the said Act.

4. In view of the fact that the impugned notice, dated 08.04.2025, issued by the Block Development Officer, Alanganallur, is without jurisdiction, the same is set aside. However, the Block Development Officer, Alanganallur, is directed to submit a report to the jurisdictional Tahsildar by providing the details regarding encroachments, who in turn is directed to initiate all appropriate action to remove the encroachments by following the procedures as contemplated under the Tamil Nadu Land Encroachment 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.

5. With the above observation, this writ petition is allowed. No costs.

[S.M.S., J.] [A.D.M.C., J.] 09.07.2025 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

1.The Tahsildar, Vadipatti Tahsildar Office, Vadipatti, Madurai District.

2.The Revenue Inspector, Muduvarpatti Firka, Vadipatti Taluk, Madurai District.

3.The Land Surveyor, Muduvarpatti Firka, Vadipatti Taluk, Madurai District.

4.The Block Development Officer, Alanganallur Block Development Office, Alanganallur, Madurai District.

S.M.SUBRAMANIAM, J.

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

krk 09.07.2025