Case Note & Summary
The petitioner, P. Sankar, filed a writ petition before the Madras High Court challenging a notice dated 11.06.2025 issued under Section 131 of the Tamil Nadu Panchayat Act, 1991 by the revenue authorities. The notice pertained to encroachment in S.No. 235 of Moolapallipatti village, Rasipuram Taluk, Namakkal District. The petitioner sought a direction to respondents 1 to 4 (District Collector, Revenue Divisional Officer, Tahsildar, and Block Development Officer) to remove the encroachment allegedly made by the 5th respondent, Maayavan. However, the court noted that both the petitioner and the 5th respondent were encroachers and the notice had been served on both of them. The petitioner's counsel submitted that the petitioner was willing to remove his own encroachment but could not do so unless the 5th respondent's encroachment was removed. The Additional Government Pleader stated that since both were encroachers, they should submit their explanations along with supporting documents, and the authorities would then take a final decision following due procedure. In view of this, the court dismissed the writ petition, holding that the proper course was for both parties to respond to the notice and await the authorities' decision. No costs were awarded.
Headnote
A) Panchayat Law - Encroachment - Section 131 of Tamil Nadu Panchayat Act, 1991 - Notice for removal of encroachment - Both petitioner and 5th respondent were encroachers and notice was served on both - Petitioner sought removal of 5th respondent's encroachment but was himself an encroacher - Court held that both must submit explanations to authorities and await final decision - Writ petition dismissed as premature (Paras 2-5).
Issue of Consideration
Whether the writ petition challenging a notice issued under Section 131 of the Tamil Nadu Panchayat Act, 1991 for removal of encroachment is maintainable when both the petitioner and the private respondent are encroachers.
Final Decision
Writ petition dismissed. No costs. Both parties to submit explanations to authorities, who will take final decision on removal of encroachments.
Law Points
- Encroachment on panchayat land
- Notice under Section 131 of Tamil Nadu Panchayat Act
- 1991
- Both parties as encroachers
- Remedy lies before revenue authorities
Case Details
2026 LawText (MAD) (01) 115
S. M. Subramaniam, C. Kumarappan
Mr. B M Subash for petitioner; Mr. T. Arun Kumar, AGP for R1 to R3; Mr. M.S. Premkumar, Govt. Advocate for R4
The District Collector, Namakkal District; The Revenue Divisional Officer, Namakkal; The Tahsildar, Rasipuram Taluk, Namakkal District; The Block Development Officer (Village Panchayat), Panchayat Union Office, Namagiripettai, Namakkal District; Maayavan
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Nature of Litigation
Writ petition challenging notice under Section 131 of Tamil Nadu Panchayat Act, 1991 for removal of encroachment.
Remedy Sought
Petitioner sought direction to respondents 1 to 4 to remove encroachment made by 5th respondent in S.No. 235 of Moolapallipatti village.
Filing Reason
Petitioner claimed that 5th respondent's encroachment prevented him from removing his own encroachment.
Previous Decisions
Notice dated 11.06.2025 issued under Section 131 of Tamil Nadu Panchayat Act, 1991 was under challenge.
Issues
Whether the writ petition is maintainable when both petitioner and private respondent are encroachers and notice has been served on both.
Submissions/Arguments
Petitioner's counsel submitted that petitioner is willing to remove his encroachment but cannot do so unless 5th respondent's encroachment is removed.
Additional Government Pleader stated that both are encroachers and should submit explanations; authorities will take final decision after following procedure.
Ratio Decidendi
When both parties are encroachers and notice under Section 131 of Tamil Nadu Panchayat Act, 1991 has been served on them, the proper remedy is to submit explanations to the authorities and await their final decision, rather than seeking court intervention.
Judgment Excerpts
Notice issued under Section 131 of the Tamil Nadu Panchayat Act 1991 in proceedings dated 11.06.2025 is under challenge in the present writ petition.
Pertinently, both petitioner as well as the 5th respondent are encroachers and the notice had been served on both of them.
In view of the above position, the Writ Petition stands dismissed. No costs.
Procedural History
Petitioner filed WP No. 517 of 2026 challenging notice dated 11.06.2025 under Section 131 of Tamil Nadu Panchayat Act, 1991. Court heard submissions and dismissed the petition on 21-01-2026.
Acts & Sections
- Tamil Nadu Panchayat Act, 1991: 131
