Case Note & Summary
The petitioner, Rajavel, filed a writ petition under Article 226 of the Constitution of India seeking a writ of mandamus directing respondents No. 1 to 9 (various revenue and police authorities) to remove encroachments in Survey No. 53 to the extent of 23.78.50 hectares and a pathway encroachment in Survey No. 48 of 12.5 ft width in Kongarapatti Revenue Village, Karimangalam Taluk, Dharmapuri District, classified as Thenpennai river. The encroachments were allegedly made by respondents No. 10 to 16 and others. The petitioner relied on G.O. Ms.No.64, Revenue and Disaster Management Department dated 08.02.2022. The Additional Government Pleader for respondents 1, 3 to 9 submitted that encroachments had been identified but the alleged encroachers had preferred an appeal before the District Collector under Section 10 of the Tamil Nadu Land Encroachment Act, 1905, and that enforcement action would be taken only after disposal of the statutory appeal. The counsel for respondents 10 to 16 opposed the petition, claiming that they were owners of the subject properties and had produced documents before the District Collector to establish ownership. The court considered the submissions and held that the District Collector must conduct an enquiry and dispose of the statutory appeal under Section 10 of the Act within a stipulated time before any further enforcement action is taken. The court directed the District Collector, Dharmapuri District, to dispose of the appeal within eight weeks from the date of receipt of the order, after providing an opportunity of hearing to all concerned parties. The writ petition was disposed of with this direction.
Headnote
A) Constitutional Law - Writ of Mandamus - Encroachment Removal - Section 10 Tamil Nadu Land Encroachment Act, 1905 - Petitioner sought mandamus to remove encroachments in Survey No. 53 and pathway in Survey No. 48 of Thenpennai river - Respondents claimed ownership and filed appeal before District Collector - Court held that the District Collector must first dispose of the statutory appeal under Section 10 of the Act before any enforcement action is taken - Directed disposal of appeal within eight weeks (Paras 1-5).
Issue of Consideration
Whether the District Collector must dispose of the statutory appeal under Section 10 of the Tamil Nadu Land Encroachment Act, 1905 before taking enforcement action to remove encroachments from river land.
Final Decision
The court directed the District Collector, Dharmapuri District, to conduct an enquiry and dispose of the statutory appeal under Section 10 of the Tamil Nadu Land Encroachment Act, 1905 within eight weeks from the date of receipt of the order, after providing an opportunity of hearing to all concerned parties. The writ petition was disposed of with this direction.
Law Points
- Writ of mandamus
- Encroachment removal
- Statutory appeal
- Section 10 Tamil Nadu Land Encroachment Act
- 1905
- Disposal of appeal before enforcement
Case Details
2026 LawText (MAD) (03) 183
S. M. Subramaniam, K.Kumaresh Babu
Mr. D.Senthil Kumar, Mr.T.Arun Kumar, Mr.M.Babu Muthumeeran, Mr.C.Prabakaran
The District Collector, The Superintendent Of Police, The District Revenue Officer, The Revenue Divisional Officer, The Additional Director- Survey And Land Settlement, The Executive Engineer- Water Resources, The Tahsildar, The Block Development Officer, The President Kongarapatti Panchayat, Pushpa, Palani, Sampath, Selva Kumar, Thirumal, Kandhan, Arul @ Arulanandham
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 to direct removal of encroachments from river land.
Remedy Sought
Petitioner sought a writ of mandamus directing respondents No. 1 to 9 to remove encroachments in Survey No. 53 (23.78.50 hectares) and pathway encroachments in Survey No. 48 (12.5 ft wide) in Kongarapatti Revenue Village, classified as Thenpennai river, made by respondents No. 10 to 16 and others, as per G.O. Ms.No.64 dated 08.02.2022.
Filing Reason
Alleged encroachments on river land and pathway by private respondents.
Issues
Whether the District Collector must dispose of the statutory appeal under Section 10 of the Tamil Nadu Land Encroachment Act, 1905 before taking enforcement action to remove encroachments.
Submissions/Arguments
Additional Government Pleader for respondents 1, 3 to 9 submitted that encroachments were identified but the alleged encroachers had preferred an appeal before the District Collector under Section 10 of the Act, and enforcement action would be taken only after disposal of the appeal.
Counsel for respondents 10 to 16 opposed the petition, claiming ownership of the subject properties and stating that they had produced documents before the District Collector to establish ownership.
Ratio Decidendi
The District Collector must first dispose of the statutory appeal under Section 10 of the Tamil Nadu Land Encroachment Act, 1905 before taking any enforcement action to remove encroachments, as the appeal process is a prerequisite to such action.
Judgment Excerpts
Writ of mandamus has been instituted to direct the respondents No. 1 to 9 herein to remove the encroachments in the Survey No. 53 to the extent of 23.78.50 Hectare and the pathway encroachments made in Survey No. 48 to the extent of 12.5 ft wide river pathway in the Kongarapatti Revenue Village in the Karimangalam Taluk of the Dharmapuri District classified as 'Thenpennai river' made by Respondents 10 to 16 and others as per G.O. Ms.No.64, Revenue and disaster Management Department- Land Disposal wing LD 6 (2) Section dated 08.02.2022 within the stipulated time prescribed by this Court.
Learned Additional Government Pleader appearing for the respondents 1, 3 to 9 would submit that encroachments are identified. The alleged encroacher preferred an appeal before the District Collector under Section 10 of the Tamil Nadu Land Encroachment Act, 1905 (hereinafter referred to as 'Act'). Only after disposal of the statutory appeal, all further enforcement action will be taken by the competent authority.
May that as it be, District Collector has to conduct an enquiry in respect of the statutory appeal under Section 10 of the Act, and dispose of the same within a stipulated time.
Procedural History
The petitioner filed a writ petition under Article 226 of the Constitution of India seeking a writ of mandamus for removal of encroachments. The respondents appeared and submitted that an appeal under Section 10 of the Tamil Nadu Land Encroachment Act, 1905 was pending before the District Collector. The court heard the submissions and passed the order directing disposal of the appeal.
Acts & Sections
- Tamil Nadu Land Encroachment Act, 1905: Section 10
- Constitution of India: Article 226
