Case Note & Summary
The petitioner, M.Raju, filed a writ petition under Article 226 of the Constitution of India before the Madras High Court challenging a memo dated 19.07.2019 issued by the Tahsildar (third respondent). The memo stated that a civil suit had been instituted challenging a notice issued under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905). The petitioner sought a writ of certiorarified mandamus to quash the memo and to direct respondents 1 to 6 to remove encroachments in Survey Nos.55/3A and 55/3B, Kaligoundampalayam, Sankari Taluk, Salem District. The court noted that under Section 14 of the 1905 Act, a suit challenging such a notice is expressly barred. It was also brought to the court's notice that the suit had already been dismissed. Consequently, there was no impediment for the authorities to proceed with enforcement action for removal of encroachments by following the procedure under the Act. The learned Additional Government Pleader submitted that encroachments had already been identified by the competent authorities. In view of this, the court directed the official respondents to complete the enforcement actions within twelve weeks from the date of receipt of a copy of the order. The writ petition was disposed of with no order as to costs.
Headnote
A) Land Law - Encroachment - Bar of Suit - Section 14, Tamil Nadu Land Encroachment Act, 1905 - The court considered whether a civil suit challenging a notice under Section 7 of the Act is maintainable. Held that Section 14 expressly bars such suits, and the suit filed was already dismissed. Therefore, authorities are free to proceed with removal of encroachments following the procedure under the Act (Paras 2-4).
Issue of Consideration
Whether a civil suit challenging a notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 is maintainable in view of Section 14 of the Act
Final Decision
The writ petition was disposed of with a direction to the official respondents to complete enforcement actions for removal of encroachments within twelve weeks from the date of receipt of a copy of the order. No order as to costs.
Law Points
- Section 14 of Tamil Nadu Land Encroachment Act
- 1905 bars civil suits against notices under Section 7
- Enforcement action must follow procedure under 1905 Act
Case Details
2026 LawText (MAD) (03) 127
S.M. Subramaniam, K. Surender
Mr.R.Marudhachalamurthy for petitioner, Mr.T.Arun Kumar (Additional Government Pleader) for R1 to R6, Ms.P.Ruthistra for Mr.B.Jawahar for R7 and R8
The District Collector, Salem District; The Revenue Divisional Officer, Sankari; The Tahsildar, Sankari Taluk; The Revenue Inspector, Sankarapuram; The Block Development Officer, Mahudanchavadi; The President, Kaligoundamapalayam Panchayat; Kandasamy; Mathiyalagan
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India challenging a memo issued by the Tahsildar regarding a suit filed against a notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905.
Remedy Sought
Petitioner sought quashing of the memo dated 19.07.2019 and a direction to respondents 1 to 6 to remove encroachments in S.Nos.55/3A and 55/3B, Kaligoundampalayam, Sankari Taluk, Salem District.
Filing Reason
The petitioner challenged the memo stating that a suit had been instituted against a notice under Section 7 of the 1905 Act, which the petitioner believed was an impediment to removal of encroachments.
Previous Decisions
The suit challenging the notice under Section 7 had already been dismissed.
Issues
Whether a civil suit challenging a notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 is maintainable in view of Section 14 of the Act.
Submissions/Arguments
The learned Additional Government Pleader submitted that encroachments have already been identified by the competent authorities.
Ratio Decidendi
Section 14 of the Tamil Nadu Land Encroachment Act, 1905 expressly bars civil suits against notices issued under Section 7 of the Act. Once the suit is dismissed, there is no impediment for authorities to proceed with enforcement action for removal of encroachments following the procedure under the Act.
Judgment Excerpts
Under Section 14 of 1905 Act, the suit is expressly barred and it is also brought to the notice of this Court that the said suit has already been dismissed.
Thus, there is no impediment for the authorities to proceed with enforcement action for removal of encroachments by following the procedure as contemplated under the 1905 Act.
Procedural History
The petitioner filed W.P.No.7945 of 2023 before the Madras High Court challenging a memo dated 19.07.2019 issued by the Tahsildar. The court heard the matter and disposed of it on 24.03.2026.
Acts & Sections
- Tamil Nadu Land Encroachment Act, 1905: Section 7, Section 14
