RAVI vs THE BLOCK DEVELOPMENT OFFICER

2026:MHC:4459
WP No. 44345 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02-11-2026
CORAM
THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE R.RAJESH VIVEKANANTHAN
WP No. 44345 of 2026
CNR: {HCMA012377882026}
1. Ravi
2. Palanisamy
3. Sasikumar
4. Selvakumar
5. Chandra
6. Sathish Kumar
..Petitioner(s)
Vs
The Block Development Officer
Kammapuram Panchayat union,
Kammapuram ,
Virudhachalam Taluk,
Cuddalore district
..Respondent(s)
Writ Petition filed under Article 226 of the Constitution of India issuing
writ of certiorari calling for the entire records relating to the order dated
22.09.2026 made in Na.Ka.No. C1/ 315/ 2026 on the file of the
respondent and quash the same.
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2026:MHC:4459
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For Petitioner(s): Mr.C.Munusamy
For Respondent(s): Mr.K.SURENDER
Special Government Pleader
Mr.N.R.R. ARUNNATARAJAN
Special Government Pleader (HR&CE)
ORDER
(Order of the Court was made by S.M.Subramaniam J.)
The present writ petition has been instituted challenging the notice
dated 22.09.2026 asking the petitioner to remove the encroachments,
failing which the authorities will initiate further enforcement action for
removal of encroachments.
2. The said notice has been issued under Section 131(2) of the
Tamil Nadu Panchayat Act, 1994 by the Block Development Officer.
3. Learned counsel for the petitioner would submit that the
impugned order cannot be construed as a notice. The Block
Development Officer has initiated action for removal of encroachments
without affording opportunity to the petitioner. The land belongs to the
HR & CE Department and the Block Development Officer cannot invoke
the provisions of the said Act. The petitioner is holding patta and that
being so, initiation of enforcement proceedings is erroneous.
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2026:MHC:4459
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4. Learned Special Government Pleader would oppose by stating
that the said land is classified as Government poromboke land and does
not belong to the HR & CE Department. The patta relied on by the
petitioner relates to some other survey number and not the subject
property for which the eviction notice has been issued. The HR & CE
Department also addressed a letter to the Revenue Tahsildar stating
that subject land does not belong to the temple and it is a Government
poromboke land.
5. Regarding the scope of Section 131(2) of the Tamil Nadu
Panchayats Act, Block Development Officer / Executive Authority under
the Panchayats Act is empowered to issue a notice asking the
encroachers to remove the encroachments and handover the
possession of the land to the Executive Authority, failing which they are
empowered to initiate further enforcement action under the provisions of
the Tamil Nadu Land Encroachment Act, 1905.
6. The scope of the said provision has been considered by the
Division Bench of this Court in the case of M.Jebaraj Vs. The
1
Commissioner, Panchayat Union, Hosur and Others .The relevant
portion of the judgment is extracted hereunder:
1
2026 MHC 100
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2026:MHC:4459
WP No. 44345 of 2026
“...5.This Court has considered the rival
submissions made between the parties. It is
necessary to consider the scope of Section
131(2) of the Tamil Nadu Panchayats Act, 1994,
and the correctness of the procedures followed
by the authorities in the present case.
6.Section 131(2) of the Tamil Nadu
Panchayats Act, 1994, reads as under :
“It shall be the duty of the Village
Administrative Officer of every revenue
village to report on encroachments on
properties vested in Village Panchayats
or Panchayat Union Councils to the
Executive Authority or the commissioner
concerned and to the officer of the
Revenue Department, and (it shall be
the duty of the Executive Authority or the
Commissioner concerned either suo
motu or on obtaining a report from the
Village Administrative Officer in this
regard to institute proceedings under
this Act) and secure the removal of the
encroachments within such time as may
be specified by the Government by
general or special order. If the removal
of the encroachments has not been
secured within the period specified in
such order, the officers of the Revenue
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2026:MHC:4459
WP No. 44345 of 2026
Department shall institute proceedings
under the Tamil Nadu Land
Encroachment Act, 1905 (Tamil Nadu
Act III of 1905) and secure such
removal.”
7.The above provision mandates that it is
the duty of the Village Administrative Officer of
every village to report on encroachment of
property vested in Village Panchayat or
Panchayat Union Councils to the Executive
Authority or the Commissioner concerned and to
the Officer of the Revenue Department.
Therefore, every Village Administrative Officer is
duty bound to inform about the encroachments
within his territorial jurisdiction, both to the
Executive Authority or the Commissioner
concerned or Officer of the Revenue Department
( ie., Tahsildar or the District Collector). On
receipt of any such report from the Village
Administrative Officer, the Commissioner or the
Executive Authority, as the case may be, either
suo motu or on obtaining any further report from
the Village Administrative Officer, institute
proceeding under the Tamil Nadu Panchayat Act,
1994. Institution of proceedings means eviction
proceedings or to secure property by removal of
encroachment by following the procedures
contemplated under the Act. The provision
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2026:MHC:4459
WP No. 44345 of 2026
further contemplates that on initiation of
proceedings under the Act, the Commissioner or
executive authority shall secure the removal of
encroachment within the time-line specified by
the Government by general or special order. If
the removal of encroachment has not been
secured within the time-line, then they shall
submit a report to the Revenue Department for
institution of further proceedings under the
provisions of the Tamil Nadu Land Encroachment
Act, 1905, for removal of encroachments.
8.Two tire proceedings are contemplated
for initiation of eviction proceedings against the
encroachers of the Panchayat Lands. The
Commissioner or the Executive Authority vest
with the powers for removal of encroachments
within the time line specified by the Government
in its order. In the event of not removing the
encroachments, they are bound to submit a
report to the Revenue Authority who in turn is
empowered to initiate eviction proceedings by
invoking provisions of the Tamil Nadu Land
Encroachment Act, 1905.
9.Under Section 131(2) of the Act, the
Executive Officer or the Commissioner shall
initiate the proceedings either suo motu or based
on the report of the village administrative officer
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2026:MHC:4459
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and secure the removal of the encroachments
within such time as may be specified by the
Government by General or special order. If the
noticee failed to vacate the property by
himself/herself, then the Commissioner for the
executive authority is duty bound to submit a
report to the Revenue Department/Tahsildar for
removal of encroachments. On receipt of any
such report from the Commissioner or Executive
Authority, a jurisdictional Tahsildar shall institute
the proceedings under the Tamil Nadu Land
Encroachment Act, 1905, by issuing a notice
under Section 7 of the Act. On receipt of
explanations from the alleged encroachers, final
notice under Section 6 of the Act may be issued.
Thereafter, the encroachments have to be
removed. An aggrieved person is at liberty to
prefer an appeal under Section 10 of the Land
Encroachment Act before the District Collector.
10.This being the scheme under the Tamil
Nadu Land Encroachment Act, the said
procedures have to be followed. In the present
case, in the event of not vacating the public
premises by the petitioner, the Commissioner
shall submit a report to the jurisdictional
Tahsildar to invoke the provisions of Tamil Nadu
Land Encroachment Act, 1905, for initiation of
eviction proceedings.
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2026:MHC:4459
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7. In view of the above factum, petitioner has not established any
acceptable ground for entertaining the present writ petition. However,
petitioner is at liberty to submit his explanation along with the documents
if any, to the authority concerned, who in turn shall consider the same
and thereafter, initiate enforcement action, if such explanations are not
satisfactory.
8. With the above observations, the writ petition stands dismissed.
No costs. Consequently, the connected miscellaneous petitions, if any,
are closed.
(S.M.S.,J.) (R.R.V.,J.)
02-11-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
GD
To
The Block Development Officer
Kammapuram Panchayat union,
Kammapuram ,
Virudhachalam Taluk,
Cuddalore district
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2026:MHC:4459
WP No. 44345 of 2026
S.M.SUBRAMANIAM, J.
AND
R.RAJESH VIVEKANANTHAN, J.
GD
WP No. 44345 of 2026
02-11-2026
1/2
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