R.Asokan v. The District Collector Cum Monitoring Committee

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.09.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI R.Asokan ... Petitioner -vs1.The District Collector, Sivagangai District.

2.The Tahsildar, Devakottai Taluk, Sivagangai District.

3.The Block Development Officer, (VP), Kannangudi Panchayat Union, Sivagangai District.

4.The President, Vengalur Village Panchayat, Kannangudi Panchayat Union, Sivagangai District.

5.Buvaneswari ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 4 to remove the encroachment made by the 5th respondent in Government Land in Survey No.435/1, of Mangalam Village, Vengalar Group, Kandadevi Firka, Devakottai Taluk, Sivagangai District.

For Petitioner : Mr.A.Karthik For Respondents 1 to 3 : Mr.S.P.Maharajan Special Government Pleader

O R D E R

[Order of the Court was made by R.SUBRAMANIAN, J.] Mr.S.P.Maharajan, learned Special Government Pleader takes notice for the respondents 1 to 3. Notice to the respondents 4 and 5 is deemed unnecessary. By consent, this Writ Petition is taken up for final disposal at the admission stage itself.

2.The prayer in the Writ Petition reads as follows:- "To issue a Writ of Mandamus, directing the respondents 1 to 4 to remove the encroachment made by the 5th respondent in Government Land in Survey No.435/1, of Mangalam Village, Vengalar Group, Kandadevi Firka, Devakottai Taluk, Sivagangai District." 3.The usual tactics of helping the encroachers has been adopted in this case also. The Tahsildar, Devekottai, who is empowered to remove encroachment under the Land Encroachment Act, 1905, has chosen to address the Block Development Officer who, admittedly, does not have jurisdiction to remove encroachment. This Court has repeatedly held that neither the Block Development Officer nor the Executive Authority namely, the Panchayat President have authority under Section 131 of the Panchayat

Act, to remove encroachments. The Tahsildar is therefore, directed to take action under the Tamil Nadu Land Encroachment Act, 1905, without passing on the buck to the Block Development Officer. Such action shall be taken within a period of 12 weeks from today. Compliance report shall be filed before this Court by 28.11.2024. Post the matter on 28.11.2024 'for reporting compliance'.

4.The Writ Petition is disposed of with the above observation. If the order is not complied with, the petitioner will be at liberty to seek reopening of the Writ Petition. No costs.

[R.S.M., J.] [L.V.G., J.] 02.09.2024 NCC :

No Index :

No Internet :

Yes Mrn To 1.The District Collector, Sivagangai District.

2.The Tahsildar, Devakottai Taluk, Sivagangai District.

3.The Block Development Officer, (VP), Kannangudi Panchayat Union, Sivagangai District.

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

Mrn 02.09.2024