G.HARI KRISHNAN vs The Revenue Divisional officer

2026:MHC:4524
WP No. 45332 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10-11-2026
CORAM
THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE R.RAJESH VIVEKANANTHAN
WP No. 45332 of 2026
CNR: {HCMA012403452026}
G.Hari Krishnan
..Petitioner(s)
Vs
1. The Revenue Divisional officer
Vaduganthangal village,
Gudiyattam Division
Near RTO office,
Gandhi Nagar
Kondasamudram
Vellore-632 602
2. The Tahsildar
K.V.Kuppam
Vellore District -632 201
..Respondent(s)
Writ Petition filed under Article 226 of the Constitution of
st
India issuing writ of mandamus directing the 1 respondent to consider
the petitioner’s representation dated 05.08.2026 in the light of the
judgment and decree passed in O.S.No.60 of 1989 dated 10.09.1989.
For Petitioner(s): Mr.A.Thiagarajan, Senior Counsel
For Mr.S.Ramesh Kumar
For Respondent(s): Mr.K.Surendar
Special Government Pleader For R1 & 2
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2026:MHC:4524
WP No. 45332 of 2026
ORDER
(Order of the Court was made by S.M.Subramaniam J.)
st
Writ of mandamus has been instituted for directing the 1
respondent to consider the petitioner’s representation dated 05.08.2026
in the light of the judgment and decree passed in O.S.No.60 of 1989
dated 10.09.1989.
2. The relief as such sought for in the present writ petition is
misconceived, since competent authority has already initiated
enforcement action to remove the encroachments by issuing a show
cause notice under Section 7 of the Tamil Nadu Land Encroachments
Act, 1905 (for brevity, hereinafter referred to as ‘Act, 1905’), vide notice
dated 27.07.2026. It is not in dispute that petitioner has already
submitted his explanation to the show cause notice issued under Section
7 of the Act, 1905.
3. The contention of the petitioner is that decree of injunction
passed by the Civil Court in O.S. No. 60 of 1989, dated 10.09.1989, is to
be considered by the authority.
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2026:MHC:4524
WP No. 45332 of 2026
4. Question arises, whether a Civil Court decree is to be
considered by the authority while removing the encroachments from the
Government lands by invoking the provisions of the Act, 1905. In this
context, Section 14 of the Act, 1905 contemplates an expressed bar to
entertain a suit by the Civil Court. Section 14 states that no injunction
shall be granted by any Court in respect of any action taken or to be
taken by an authority in pursuance of the powers conferred under the
Act. Therefore, no suit is maintainable in respect of the actions initiated
for removal of encroachments identified in Government properties. Such
suits are to be declared as null and void and this Court, on several
occasions, has declared the judgment and decree of such suits as null
and void by invoking the powers conferred under Article 227 of the
Constitution of India.
5. Perusal of the decree produced by the petitioner would show
that Government witness (Part-time Clerk), turned as hostile, which
resulted in passing of the decree by the Civil Court. Such decree passed
against the Government cannot be executed, in view of an express bar
contemplated under Section 14 of the Act, 1905. When the suit itself is
expressly barred under a special enactment, judgment and decree
passed in O.S.No.60 of 1989, dated 10.09.1989 is to be construed as
non-executable.
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2026:MHC:4524
WP No. 45332 of 2026
6. In the present case, authorities have issued show-cause notice
under Section 7 of the Act, 1905, and petitioner has already submitted
his explanation in response to the said notice. Thus, said explanation
submitted by the petitioner is to be considered and a final decision is to
be taken for issuance of final notice under Section 6 of the Act, 1905. If
encroachments are identified with reference to the revenue records and
documents available, enforcement actions are to be completed by
evicting the encroachers and by following the procedures as
contemplated under the Act.
7. With the above observations, the writ petition is dismissed. No
costs. Consequently, the connected miscellaneous petitions, if any, are
closed.

(S.M.S.,J.) (R.R.V.,J.)
10-11-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
GD
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2026:MHC:4524
WP No. 45332 of 2026
To
1. The Revenue Divisional officer
Vaduganthangal village,
Gudiyattam Division
Near RTO office,
Gandhi Nagar
Kondasamudram
Vellore-632 602
2. The Tahsildar
K.V.Kuppam
Vellore District -632 201
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2026:MHC:4524
WP No. 45332 of 2026
S.M.SUBRAMANIAM, J.
AND
R.RAJESH VIVEKANANTHAN, J.
GD
WP No. 45332 of 2026

10-11-2026
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