Case Note & Summary
The petitioner, T. Subramani, filed a writ petition before the Madras High Court seeking a direction to the official respondents (District Collector, Tahsildar, Block Development Officer, Village Administration Officer, and Village Panchayat Secretary) to consider his representations dated 29/07/2024 and 16/12/2025 for removal of encroachment by the 6th and 7th respondents (T. Munusamy and N. Munusamy) on a public pathway (Pothupathai Pattai) in Government Poramboke land bearing Survey No. 79 of Tattacheri Village, Kalavai Taluk, Ranipet District. The learned counsel for the Panchayat Union, Thimiri, submitted that inspection and survey were conducted by the Block Development Officer/Executive authority, encroachers were identified, and show cause notices were issued to them, affording an opportunity to submit explanations. If the encroachers fail to vacate, the Block Development Officer/Executive authority must report to the jurisdictional Tahsildar, who is bound to initiate eviction proceedings under the Tamil Nadu Land Encroachments Act, 1905. The petitioner's counsel submitted that the encroachers were identified on the streets. The court, considering the factual position, directed the official respondents to initiate all appropriate action in the manner known to law within twelve weeks from the date of receipt of a copy of the order. The writ petition was disposed of with no costs.
Headnote
A) Property Law - Public Pathway Encroachment - Removal of Encroachment - Tamil Nadu Land Encroachments Act, 1905 - Petitioner sought direction to respondents to consider representations for removal of encroachment by private respondents on a public pathway in Government Poramboke land - Authorities conducted inspection, identified encroachers, and issued show cause notices - Court directed official respondents to initiate appropriate action within twelve weeks, including eviction proceedings if encroachers fail to vacate - Held that the authorities must follow procedures under the Tamil Nadu Land Encroachments Act, 1905 (Paras 2-3).
Issue of Consideration
Whether the respondents should be directed to consider the petitioner's representations for removal of encroachment on a public pathway (Pothupathai Pattai) in Government Poramboke land.
Final Decision
The official respondents are directed to initiate all appropriate action in the manner known to law within a period of twelve weeks from the date of receipt of a copy of this order. The Writ Petition is disposed of. No costs.
Law Points
- Public pathway encroachment
- Government Poramboke land
- Removal of encroachment
- Tamil Nadu Land Encroachments Act
- 1905
- Show cause notice
- Eviction proceedings
