Case Note & Summary
The petitioner, K.K. Vengidusamy, filed a writ petition before the Madras High Court seeking a mandamus to direct the District Collector, Revenue Divisional Officer, and Revenue Tahsildar of Erode District to remove encroachments on R.S. No.14/3, classified as Vari Poramboke land, situated at Kondaiyamapalaym village, Gobichettipalayam Taluk, Erode District, and restore the water body to its original condition. The petitioner relied on an enquiry initiated by the third respondent pursuant to a notice dated 02.04.2025. During the hearing, the learned Additional Government Pleader, appearing for the respondents, submitted based on written instructions from the Tahsildar that the competent authority had already issued a notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 on 04.02.2025, followed by a Section 6 notice on 06.03.2025. However, due to standing crops, the removal of encroachment was not carried out, and in the interregnum, the writ petition was filed. The court observed that the respondents had already initiated enforcement action and deemed it appropriate to direct them to proceed further with their action in accordance with law for removal of encroachments as expeditiously as possible. The writ petition was disposed of with no costs.
Headnote
A) Public Interest Litigation - Encroachment on Water Body - Mandamus - Tamil Nadu Land Encroachment Act, 1905, Sections 6 and 7 - The petitioner sought a writ of mandamus to direct the respondents to remove encroachments on R.S. No.14/3, classified as Vari Poramboke land, and restore the water body. The court noted that the respondents had already initiated enforcement action under Sections 6 and 7 of the Act and directed them to proceed expeditiously in accordance with law. (Paras 1-3)
Issue of Consideration
Whether the respondents should be directed to remove encroachments on a water body classified as Vari Poramboke land and restore it to its original condition.
Final Decision
The writ petition is disposed of with a direction to the respondents to proceed further with their action in accordance with law for removal of encroachments as expeditiously as possible. No costs.
Law Points
- Mandamus
- Encroachment removal
- Water body restoration
- Tamil Nadu Land Encroachment Act
- 1905
- Sections 6 and 7
Case Details
S. M. Subramaniam, C. Kumarappan
Mr.S.Kousik (for petitioner), Mr.T.Arun Kumar (Addl. Govt. Pleader for respondents)
The District Collector, Erode District; The Revenue Divisional Officer, Gobichettipalayam; The Revenue Tahsildar, Gobichettipalayam
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Nature of Litigation
Writ petition seeking mandamus for removal of encroachments on water body.
Remedy Sought
Direction to respondents to remove encroachments on R.S. No.14/3, classified as Vari Poramboke land, and restore the water body to its original condition.
Filing Reason
Encroachments on a water body classified as Vari Poramboke land, and failure of authorities to remove them despite initiation of enquiry.
Previous Decisions
Respondents had issued notices under Sections 7 and 6 of the Tamil Nadu Land Encroachment Act, 1905 on 04.02.2025 and 06.03.2025 respectively, but removal was not carried out due to standing crops.
Issues
Whether the respondents should be directed to remove encroachments on the water body and restore it.
Submissions/Arguments
Petitioner sought mandamus for removal of encroachments and restoration of water body.
Respondents submitted that they had already initiated action under Sections 6 and 7 of the Tamil Nadu Land Encroachment Act, 1905, but removal was delayed due to standing crops.
Ratio Decidendi
Where the authorities have already initiated enforcement action under the Tamil Nadu Land Encroachment Act, 1905 for removal of encroachments on a water body, the court may direct expeditious completion of the process in accordance with law.
Judgment Excerpts
the competent authority had already issued notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 on 04.02.2025 itself and thereafter, Section 6 notice was also issued on 06.03.2025.
we deem it appropriate to direct the respondents to proceed further with their action in accordance with law, for removal of encroachments as expeditiously as possible.
Procedural History
The petitioner filed W.P.No.1427 of 2026 before the Madras High Court seeking a mandamus. The respondents had already issued notices under Sections 7 and 6 of the Tamil Nadu Land Encroachment Act, 1905 on 04.02.2025 and 06.03.2025 respectively, but removal was not carried out due to standing crops. The court disposed of the petition on 16-02-2026 directing expeditious action.
Acts & Sections
- Tamil Nadu Land Encroachment Act, 1905: Section 6, Section 7
