Case Note & Summary
The petitioner, Pappathi, filed a Writ of Mandamus under Article 226 of the Constitution before the Madras High Court seeking a direction to the District Collector, Tahsildar, and Executive Engineer (respondents 1 to 3) to remove encroachments made by the 4th respondent, Selvi Subramanian, on a tank classified as Government Poramboke comprised in Survey No.327 situated in Pavithiram Village, Senthamangalam Taluk, Namakkal District. The petitioner had made representations dated 14.10.2020 and 15.02.2021 to the authorities, but no action was taken. The court noted that the Executive Authority of the Panchayat had already identified the encroachment and issued a show cause notice under Section 131(2) of the Tamil Nadu Panchayats Act, 1994. However, the 4th respondent challenged that notice by way of a civil suit. The court held that a civil suit against a notice issued under Section 131 is not maintainable in view of the express bar contemplated under the Act and also under Section 9 of the Code of Civil Procedure, 1908. The court observed that there was no impediment for continuing the enforcement action by the authorities. Accordingly, the court allowed the writ petition and directed respondents 1 to 3 to consider the petitioner's representations and take appropriate action in accordance with law, including removal of encroachments, within a reasonable time.
Headnote
A) Writ of Mandamus - Encroachment on Government Poramboke - Section 131 Tamil Nadu Panchayats Act, 1994 - Petitioner sought direction to remove encroachment by 4th respondent on tank land classified as Government Poramboke in S.No.327, Pavithiram Village - Executive authority had issued show cause notice under Section 131(2) which was challenged by civil suit - Held that civil suit against notice under Section 131 is not maintainable due to express bar under the Act and Section 9 CPC - Writ petition allowed with direction to respondents 1 to 3 to consider petitioner's representations and take appropriate action in accordance with law (Paras 2-4).
Issue of Consideration
Whether a civil suit is maintainable against a show cause notice issued under Section 131(2) of the Tamil Nadu Panchayats Act, 1994, and whether the writ petitioner is entitled to a direction for removal of encroachment on government poramboke land.
Final Decision
The writ petition is allowed. Respondents 1 to 3 are directed to consider the petitioner's representations dated 14.10.2020 and 15.02.2021 and take appropriate action in accordance with law, including removal of encroachments, within a reasonable time.
Law Points
- Writ of Mandamus
- Encroachment on Government Poramboke
- Section 131 Tamil Nadu Panchayats Act 1994
- Bar of Civil Suit under Section 9 CPC
- Maintainability of Civil Suit against statutory notice
