Facts
The Petitioner filed a Writ of Certiorarified Mandamus seeking to quash a memo dated 19.07.2019 issued by the Tahsildar (Respondent No. 3) and to direct the official respondents to remove encroachments in S.Nos.55/3A and 55/3B, Kaligoundampalayam.
Source reference: p. 2The impugned memo stayed encroachment proceedings on the grounds that a civil suit had been instituted challenging a notice issued under Section 7 of the Tamil Nadu Land Encroachment Act, 1905.
Source reference: p. 2-3During the proceedings, it was brought to the Court's notice that the aforementioned civil suit had already been dismissed.
Source reference: p. 3Issues
1. Whether a civil suit challenging proceedings under the Tamil Nadu Land Encroachment Act, 1905, is maintainable in view of the statutory bar.
Source reference: p. 32. Whether the authorities are legally permitted to proceed with the removal of identified encroachments following the dismissal of the civil suit.
Source reference: p. 3Law Applied
Section 14 of the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905), which provides an express bar against the jurisdiction of civil suits in matters related to the Act.
Source reference: p. 3The enforcement procedures for removal of encroachments as contemplated under the 1905 Act.
Source reference: p. 3Reasoning
The Court observed that the primary obstacle cited by the Tahsildar for not proceeding with the removal of encroachments—the pending civil suit—was legally untenable.
Source reference: p. 3The Court reasoned that Section 14 of the 1905 Act expressly bars such suits, and regardless of the bar, the specific suit in question had already been dismissed.
Source reference: p. 3Consequently, the Court found there was no legal impediment preventing the authorities from discharging their statutory duties.
Source reference: p. 3Since the Additional Government Pleader confirmed that the encroachments had already been identified by competent authorities, the Court determined that the enforcement action must be concluded within a fixed timeline.
Source reference: p. 3Holding
The Court held that there is no bar to proceeding with the enforcement action under the 1905 Act once the identified suit is dismissed and in light of the statutory bar under Section 14.
The Court directed the official respondents (Respondents 1 to 6) to complete the enforcement actions for the removal of encroachments within twelve weeks from the date of receipt of the order.
Source reference: p. 3The Writ Petition was disposed of with no order as to costs.
Source reference: p. 3Original Court PDF
M.RajuvsThe District Collector
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