Civil Suit Against Statutory Notice Under Section 131(2) of Tamil Nadu Panchayats Act Is Barred.

The petitioner filed a Writ of Mandamus seeking a direction to the District Collector and other authorities (Respondents 1-3) to remove encroachments allegedly made by the 4th Respondent on a Government Poramboke tank located at S.No.327, Pavithiram Village

The Executive Authority of the Panchayat had previously identified the encroachment and issued a show-cause notice under Section 131(2) of the Tamil Nadu Panchayats Act, 1994

The 4th Respondent challenged this notice by filing a civil suit

1. Whether a civil suit is maintainable against a notice issued under Section 131 of the Tamil Nadu Panchayats Act, 1994

2. Whether the authorities may proceed with enforcement actions against encroachments despite the pendency of a civil suit

The Court applied Section 131(2) of the Tamil Nadu Panchayats Act, 1994, regarding the removal of encroachments, and emphasized the express bar on civil suits contemplated under the Act

It further referenced Section 9 of the Code of Civil Procedure (C.P.C.), noting that civil court jurisdiction is excluded where there is an express statutory bar

The Court reasoned that since the subject land is classified as Government Poramboke, the Panchayat executive authority had the valid mandate to issue a show-cause notice for encroachment removal

The Court observed that because the Tamil Nadu Panchayats Act contains an express bar against civil suits regarding such notices, the suit filed by the 4th Respondent was not maintainable under Section 9 of the C.P.C.

Consequently, the Court found there was no legal impediment to the authorities continuing enforcement actions in accordance with the law, regardless of the pending civil litigation

It directed that the respondents may proceed with the removal of encroachments by following the procedures contemplated under relevant statutes and rules

No costs were awarded