Case Note & Summary
The petitioner, S. Palanisamy, filed a writ petition under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents (District Collector, District Revenue Officer, Revenue Divisional Officer, Tahsildar, Zonal Deputy Tahsildar, Revenue Inspector, Land Surveyor, and Village Administrative Officer) to remove an alleged encroachment made by the 9th respondent, the Management of Sri Veerakumarasami Temple, in S.F.No.721 situated at Perunjervazhi, Kangayam Taluk, Tiruppur District. The petitioner had made a representation dated 27.08.2022 and relied on proceedings dated 13.09.2022. During the hearing, the learned Additional Government Pleader submitted that the competent authorities had conducted a survey and identified encroachments, and a notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 was issued on 22.12.2023. However, due to the pendency of the writ petition, no further action was taken. The court observed that since enforcement action had already commenced, the competent authority must proceed with further action by affording an opportunity to the encroacher to submit an explanation and documents. After such opportunity, the authority shall proceed with enforcement and remove the encroachment, if any, within twelve weeks from the date of receipt of the order. The court also clarified that the temple property is situated adjacent to the subject land, but did not elaborate further. The writ petition was disposed of with these directions.
Headnote
A) Land Law - Encroachment - Removal of Encroachment - Tamil Nadu Land Encroachment Act, 1905, Section 7 - Petitioner sought removal of encroachment by temple management on government land - Authorities conducted survey, issued notice under Section 7, but delayed further action due to pendency of writ petition - Court directed authorities to proceed with enforcement after affording opportunity to encroacher, and complete removal within 12 weeks (Paras 2-5).
Issue of Consideration
Whether the writ petition for removal of encroachment should be allowed when the authorities have already initiated action under the Tamil Nadu Land Encroachment Act, 1905.
Final Decision
The court directed the competent authority to proceed with enforcement action after affording opportunity to the encroacher to submit explanation and documents, and to remove the encroachment, if any, within twelve weeks from the date of receipt of the order. The writ petition was disposed of accordingly.
Law Points
- Encroachment removal
- opportunity of hearing
- enforcement action
- Section 7 Tamil Nadu Land Encroachment Act
- 1905
Case Details
2026 LawText (MAD) (04) 50
S.M. Subramaniam, K. Surender
Mr. S. Ananth (for petitioner), Mr. T. Arun Kumar (Additional Government Pleader for R1 to R8), Mr. N. Manokaran (for R9)
The District Collector, Tiruppur District and others
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ petition under Article 226 of the Constitution of India seeking a writ of mandamus for removal of encroachment.
Remedy Sought
Petitioner sought direction to respondents 1 to 8 to remove encroachment made by 9th respondent in S.F.No.721, Perunjervazhi, Kangayam Taluk, Tiruppur District, by considering his representation dated 27.08.2022 and proceedings dated 13.09.2022.
Filing Reason
Alleged encroachment by the temple management on government land.
Previous Decisions
Authorities conducted survey, identified encroachment, and issued notice under Section 7 of Tamil Nadu Land Encroachment Act, 1905 on 22.12.2023, but further action was stalled due to pendency of writ petition.
Issues
Whether the writ petition for removal of encroachment should be allowed when the authorities have already initiated action under the Tamil Nadu Land Encroachment Act, 1905.
Submissions/Arguments
Petitioner sought removal of encroachment by temple management.
Additional Government Pleader submitted that survey was conducted, encroachment identified, and notice under Section 7 issued on 22.12.2023, but further action pending due to writ petition.
Ratio Decidendi
Once enforcement action has commenced under the Tamil Nadu Land Encroachment Act, 1905, the competent authority must proceed with further action by affording opportunity to the encroacher, and complete removal within a reasonable time.
Judgment Excerpts
the competent authorities conducted a survey and identified encroachments. Consequently, a notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905, was issued on 22.12.2023.
This Court is of the view that once the enforcement action has already been commenced after identifying the encroachment, the competent authority has to proceed with all further action by affording opportunity to the encroachers.
After affording such an opportunity to the encroacher, the competent authority shall proceed with the enforcement action and remove the encroachment, if any identified within a period of twelve(12) weeks from the date of receipt of a copy of this order.
Procedural History
Petitioner filed writ petition on unknown date. During hearing, Additional Government Pleader informed that survey and notice under Section 7 had been issued on 22.12.2023. Court disposed of petition on 20.04.2026 with directions.
Acts & Sections
- Tamil Nadu Land Encroachment Act, 1905: Section 7
