Case Note & Summary
The petitioner, T. Kumaresan, challenged a notice dated 12.02.2026 issued by the Block Development Officer, Chinna Salem, calling upon him to vacate an alleged encroachment on property belonging to the Chinna Salem Panchayat Union. The notice was issued under Section 131(2) of the Tamil Nadu Panchayats Act, 1994. The court examined the statutory scheme of Section 131(2), which requires that upon receipt of a report from the Village Administrative Officer or upon identification of encroachment, the Executive Authority or Commissioner may institute proceedings by issuing show cause notices to the encroachers. The court found that the impugned notice was issued without any prior report from the Village Administrative Officer and without any show cause notice being given to the petitioner. The notice directly called upon the petitioner to vacate, bypassing the procedural safeguards. The court held that the notice was not in compliance with Section 131(2) and quashed it, granting liberty to the respondents to initiate fresh proceedings in accordance with law. The writ petition was allowed.
Headnote
A) Panchayat Law - Encroachment Removal - Section 131(2) Tamil Nadu Panchayats Act, 1994 - Procedural Compliance - The notice issued under Section 131(2) must be preceded by a report from the Village Administrative Officer or suo motu proceedings by the Executive Authority. In the absence of such prior steps, the notice is invalid. The court quashed the notice as it was issued without following the mandatory procedure under Section 131(2) (Paras 3-5).
Issue of Consideration
Whether the notice dated 12.02.2026 issued under Section 131(2) of the Tamil Nadu Panchayats Act, 1994 by the Block Development Officer is valid and in compliance with the statutory procedure.
Final Decision
The writ petition is allowed. The impugned notice dated 12.02.2026 is quashed. Liberty is granted to the respondents to initiate fresh proceedings in accordance with law, if so advised. No costs. Consequently, the connected miscellaneous petition is closed.
Law Points
- Section 131(2) of Tamil Nadu Panchayats Act
- 1994 requires prior report from Village Administrative Officer or suo motu proceedings before issuing notice
- Notice under Section 131(2) must be preceded by show cause notice
- Encroachment removal must follow statutory procedure
Case Details
2026 LawText (MAD) (03) 153
W.P.No.8060 of 2026 and W.M.P.No.8718 of 2026
S. M. Subramaniam, K. Surender
Dr. C. Ravichandran for Mr. S. B. Viswanathan (Petitioner), Mr. T. Arun Kumar (R1 and R2), Mr. T. Chezhiyan (R3)
The District Collector, Kallakurichi District; The Tahsildar, Chinnasalem Taluk; The Block Development Officer, Chinna Salem Panchayat Union
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India seeking a writ of certiorari to quash a notice issued under Section 131(2) of the Tamil Nadu Panchayats Act, 1994.
Remedy Sought
Petitioner sought quashing of the notice dated 12.02.2026 issued by the Block Development Officer, Chinna Salem, calling upon him to vacate the alleged encroached portion of property belonging to Chinna Salem Panchayat Union.
Filing Reason
The notice was issued without following the mandatory procedure under Section 131(2) of the Tamil Nadu Panchayats Act, 1994, i.e., without prior report from the Village Administrative Officer or show cause notice.
Issues
Whether the notice dated 12.02.2026 issued under Section 131(2) of the Tamil Nadu Panchayats Act, 1994 is valid and in compliance with the statutory procedure.
Submissions/Arguments
Petitioner argued that the notice was issued without any prior report from the Village Administrative Officer and without any show cause notice, violating Section 131(2).
Respondents did not file counter but argued that the notice was valid.
Ratio Decidendi
Under Section 131(2) of the Tamil Nadu Panchayats Act, 1994, the Executive Authority or Commissioner must first receive a report from the Village Administrative Officer or identify encroachment suo motu, and then issue a show cause notice to the encroacher before calling upon them to vacate. A notice that directly calls for vacating without such prior steps is invalid and liable to be quashed.
Judgment Excerpts
A notice dated 12.02.2026 issued by the Block Development Officer, Chinna Salem, calling upon the petitioner to vacate the encroached portion of the property belonging to the Chinna Salem Panchayat Union is under challenge in the present writ petition.
On receipt of any information / report from the Village Administrative Officer or on identification of encroachment, the Executive Authority or the Commissioner concerned either suo-motu or based on the report, may institute proceedings under the Panchayat Act, by issuing show cause notices to the encroachers, calling upon them to vacate the encroachment.
In the present case, the impugned notice has been issued without any prior report from the Village Administrative Officer and without any show cause notice. Therefore, the notice is not in compliance with Section 131(2) of the Panchayat Act.
Procedural History
The petitioner filed W.P.No.8060 of 2026 on an unspecified date challenging the notice dated 12.02.2026. The court heard the matter and delivered judgment on 03.03.2026.
Acts & Sections
- Tamil Nadu Panchayats Act, 1994: Section 131(2)
- Tamil Nadu Land Encroachment Act, 1905:
