Madras High Court
Property and Real Estate LawAdministrative and Public Law

Authorities must remove identified encroachments under statutory procedure within eight weeks.

MR.P.MUNIYAN vs THE DISTRICT REVENUE OFFICER

Madras High CourtJUDGMENT: October 06, 20262 MIN READSOURCE JUDGMENT
Authorities must remove identified encroachments under statutory procedure within eight weeks.. MR.P.MUNIYAN vs THE DISTRICT REVENUE OFFICER. Madras High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioner sought a direction requiring the revenue and Public Works Department authorities to consider his representation dated 16 March 2026 for removal of an alleged encroachment by the fourth respondent in a stream in Survey No.23/2, D-Perumapalayam Village, Salem Taluk

Source reference: p.1

The State submitted that encroachments had been identified, a notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 had been issued, and, after an opportunity of hearing, a notice under Section 6 had also been issued

Source reference: p.2
02

Issues

Whether, following issuance of a notice under Section 6 of the Tamil Nadu Land Encroachment Act, 1905, the competent authorities were required to proceed with removal of the identified encroachment in accordance with the Act and Rules

Source reference: pp.2–3

Whether the Court should direct the authorities to complete that exercise within a specified period

Source reference: p.3
03

Law Applied

Section 7 of the Tamil Nadu Land Encroachment Act, 1905 provides for notice in the encroachment-removal process, and Section 6 provides for further action after the prescribed process, including an opportunity of hearing.

Source reference: pp.2–3

The Court held that, once the final notice under Section 6 had been issued, the competent authorities were bound to remove the encroachments by following the procedures prescribed under the relevant provisions of the Act and Rules

Source reference: pp.2–3
04

Reasoning

The authorities’ submission that notices under Sections 7 and 6 had been issued established that the statutory process had progressed to the final-notice stage

Source reference: p.2

The Court therefore considered the authorities bound to carry the process through and remove the encroachments in accordance with the Act and Rules; it directed completion of the exercise within eight weeks from receipt of a copy of the order

Source reference: p.3
05

Holding

The Court disposed of the writ petition with a direction to the competent authorities to complete the encroachment-removal exercise, in accordance with the applicable statutory procedures, within eight weeks from receipt of the order.

No costs were awarded

Source reference: p.3
06

Acts & Sections Cited

2 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.

Tamil Nadu Land Encroachment Act, 19052

Madras High Court

Original Court PDF

MR.P.MUNIYANvsTHE DISTRICT REVENUE OFFICER

Madras High Court · October 06, 2026

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