Madras High Court
T.Vardadharajan vs The Revenue Divisional Officer on 15 June, 2022
WP.No.12325 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 15.06.2022
Coram:
THE HONOURABLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE
and
THE HONOURABLE MRS.JUSTICE N.MALA
W.P.No.12325 of 2022
and
W.M.P.No.11777 of 2022
---
1.T.Vardadharajan
2.K.Nallusamy
3.K.Murugesan
4.Nallammal ..Petitioners
Vs.
1.The Revenue Divisional Officer,
Office of Revenue Division,
Tiruchengode.
2.The Tahsildar, Tiruchengode.
3.The Block Development Officer (BD) (VD),
Mallasamudram,
Namakkal District.
4.The Revenue Inspector,
Mallasamudram,
Namakkal District.
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WP.No.12325 of 2022
5.The President of Panchayat Union,
Mallasamudram Post,
Tiruchengode Taluk,
Namakkal District. .. Respondents
Writ Petition is filed under Article 226 of the Constitution of India praying
to issue a Writ of Certiorari to call for the records pertaining to the impugned
notices issued by the 5th respondent on 10.11.2021 and 09.12.2021 and quash
the same.
For Petitioner : Mr.R.Marudhachalamurthy
For Respondents : Mr.P.Muthukumar State Govt. Pleader,
assisted by Mrs.R.Anitha Spl. Govt. Pleader
ORDER
(The Order of the Court was made by The Honourable Chief Justice)
By this Writ Petition, challenge is made to the notices dated 10.11.2021
and 09.12.2021 directing the petitioners to vacate the land encroached by them.
2. The Writ Petition has been filed questioning the authority of the
President of Panchayat Union to cause notice, because power to enforce eviction
is given only to the Executive Officer or the Commissioner under Section 131 of
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WP.No.12325 of 2022
the Tamil Nadu Panchayats Act, 1994. Accordingly, the prayer is made to quash
the impugned notices.
3. Reference to the judgment of a Division Bench of this Court in the case
of G.Radhakrishnan Vs. The President, Edayakottai Panchayat, reported in
MANU/TN/9984/2007 = 2008 (3) LW 548 = 2008 (1) MLJ 1132
(W.P.(MD).No.8003 of 2007, dated 30.10.2007), has been given to support the
arguments.
4. We have considered the submissions made by the learned counsel on
either side and perused the materials available on record.
5. The notices under challenge is to direct the petitioners to vacate
themselves from the lands encroached by them and in case the encroachment is
not removed, then the Panchayat Union would proceed as per the provisions of
law.
6. The said notices have been challenged mainly on the ground of
competence, referring to Section 131 of the Tamil Nadu Panchayats Act, 1994.
Section 131 is quoted hereunder:
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WP.No.12325 of 2022
"Section 131: Prohibition against obstructions in or
over public roads, etc.--(1) No person shall except as
permitted by Rules made under this Act and except in
accordance with the conditions imposed by any
licence made requisite by such Rules--
(a) build any wall or erect any fence or other
obstruction or projection or make any encroachment
whatsoever, whether permanent or temporary, in or
over any public road or any property vested in or
belonging to or regulated or owned by, a Village
Panchayat or Panchayat Union Council;
(b) make any hole or deposit any matter in or
upon any public road or any property vested in or
belonging to or regulated or owned by, a Village
Panchayat or Panchayat Union Council;
(c) work a quarry in or remove stone, earth or
other material from any place within twenty metres of
a public road or of other immovable property vesting
in or belonging to a Village Panchayat or Panchayat
Union Council, provided that nothing in this clause
shall be deemed to apply to any work which, in the
opinion of the Inspector, is done in connection with a
bona fide agricultural operation;
(d) erect any building over any drain or any
part thereof;
(e) plant any tree on any public road or other
property vesting in or belonging to a Village
Panchayat or a Panchayat Union Counci; or
(f) fell, remove, destroy, lop or strip bark,
leaves, or fruits from, or otherwise damage, any tree
which is growing on any such public road or other
property or on any poramboke land, the use of which
is regulated by a Village Panchayat under Section 134
or Section 135 and the right to which has not been
established by such person as vesting in or belonging
to him.
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WP.No.12325 of 2022
(2) 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 Department shall
institute proceedings under the Tamil Nadu Land
Encroachment Act, 1905 (Tamil Nadu Act III of 1905)
and secure such removal."
7. Section 131(2) of the Act of 1994 allows Village Administrative Officer
to report on encroachments on properties vested in the Village Panchayats or
Panchayat Union Councils to the Executive Authority or the Commissioner
concerned and to the Officer of the Revenue Department, and they would be
duty bound to either suo-motu or on obtaining a report from the Village
Administrative Officer, to institute the proceedings under the Act of 1994 and
secure the removal of encroachments by initiating proceedings under the Act of
1994.
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8. In the light of the aforesaid, exercise or action to evict the petitioners,
can be taken only by the Executive Authority or the Commissioner. The power of
the Village Administrative Officer now vests with the President of the Panchayat
Union. Therefore, if they want to remove the encroachment made by the
petitioners, the matter is to be reported to the Executive Authority or the
Commissioner, as the case may be, if it has not yet been reported. On reporting
the matter to those authorities, the eviction can be effected after applying the
procedures given under the Tamil Nadu Land Encroachment Act of 1905.
9. The impugned notices caused by the President of the Panchayat Union,
are not to evict the petitioners by themselves, but only by due process of law
and the provisions of law have been indicated above by referring to Section 131
of the Act of 1994.
10. Thus, we do not find any reason to cause interference in the
impugned notices, as they otherwise refer to the eviction only by the process of
law and the eviction of the petitioners can be as per Section 131 of the Act of
1994.
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11. The Writ Petition is disposed of with the aforesaid observations.
There shall be no order as to costs. Consequently, W.M.P. is closed.
(M.N.B., C J) (N.M.,J)
15.06.2022
(2/2)
Index: Yes/no
Speaking Order: Yes/no
dsn/cs
To
1.The Revenue Divisional Officer,
Office of Revenue Division,
Tiruchengode.
2.The Tahsildar,
Tiruchengode.
3.The Block Development Officer (BD) (VD),
Mallasamudram,
Namakkal District.
4.The Revenue Inspector,
Mallasamudram,
Namakkal District.
5.The President of Panchayat Union,
Mallasamudram Post,
Tiruchengode Taluk,
Namakkal District.
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WP.No.12325 of 2022
THE HONOURABLE CHIEF JUSTICE
and
N.MALA, J
cs
W.P.No.12325 of 2022
15.06.2022
(2/2)
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