S. Anbazhagan vs The District Collector/ Inspector of Panchayat and Others

Vinod K. Sharma, J.—The Petitioner has invoked the extraordinary writ jurisdiction of this Court with a prayer for issuance of a writ in the

nature of Mandamus, directing the Respondents 1 to 4 to remove the encroachment in S. No. 52, Panikkan Kuppam Village Panchayat, Panruti

Taluk, Cuddalore District or any other appropriate writ or this Court may deem fit and proper in the circumstances of the case.

The case set out by the Petitioner in the affidavit is that Panikkan Kuppam Panchayat has three wards. The Village Panchayat is vested with the

roads within the panchayat limits, which are being maintained by it. The road connecting Panikkan Kuppam with the Kumbakonam road vested

with the Village Panchayat, which is maintained by the fourth Respondent. As per the revenue records, the road is measuring R.S. No. 52 and it is

classified as road poramboke. On the east of the road about 30,000 Sq. feet in S. No. 75/2 is owned by the fifth Respondent. The fifth

Respondent, without applying and obtaining sanction from the fourth Respondent, constructed permanent structures on about 5500 Sq. feet.

Though the fifth Respondent cannot put up super structures without obtaining permission from the Village Panchayat, with the constructions

referred to above, the fifth Respondent has encroached on the public road, which is vested with the panchayat. He is putting up a compound wall

in S. No. 52 thereby encroaching a sizable portion of the road. The case of the Petitioner is that Section 131(1) of the Tamil Nadu Panchayats

Act, 1994 (hereinafter referred to as the Act) prohibits erecting structures on the roads.

Section 131(1) of the Act reads as under:

prohibition against obstructions in or over public roads, etc.-(1) No person shall, *except as permitted by rules made under this Act and

except in accordance with the conditions imposed by any licence made requisite by such rules

(a) build any wall or erect any fence or other obstruction or projection or make any encroachment whatsoever, whether permanent or temporary,

[in or over any public road or any property vested in or belonging to or regulated or owned by, a village panchayat or panchayat union council];

(b) make any hole or deposit any matter [in or upon any public road or any property vested in or belonging to or regulated or owned by, a village

panchayat or panchayat union council];

(c) work a quarry in or remove stone, earth or other material from any place within twenty metres of a public road or of other immovable property

vesting in or belonging to a village panchayat or panchayat union council, provided that nothing in this clause shall be deemed to apply to any work

which, in the opinion of the Inspector, is done in connection with a bona fide agricultural operation;

(d) erect any building over any drain or any part thereof;

(e) plant any tree on any public road or other property vesting in or belonging to a village panchayat or a panchayat union council; or

(f) fell, remove, destroy, lop or strip bark, leaves, or fruits from, or otherwise damage, any tree which is growing on any such public road or other

property or on any poramboke land, the use of which is regulated by a village panchayat u/s 134 or Section 135 and the right to which has not

been established by such person as vesting in or belonging to him.

Section 131(2) of the Act casts a duty on the Village Administrative Officer to report on the encroachment of properties vested in Village

Panchayat to the Executive Authority and also the Revenue Department. Under Rule 9 of G.O. Ms. No. 150, Rural Development, dated

21.07.1999 also prohibits the putting up permanent structures over the road.

The case of the Petitioner is that a representation was made to the Respondents 1 to 4 on 22.07.2010. The fourth Respondent, in response to

the representation, stated that on 29.07.2010, he has also filed a petition before the first Respondent stating that he cannot remove the

encroachment and it could be done only through the first Respondent. The case of the Petitioner is that in spite of the representation made by the

Petitioner pointing out the encroachment and also the petition by the fourth Respondent, till date, the official Respondents have failed to perform

their statutory duty, which has forced the Petitioner to approach this Court for necessary directions in this regard.

The fifth Respondent has chosen to be absent in spite of notice as he has not claimed the service.

The reading of Section 131(2) of the Act would clearly show that statutory duty is cast on the Respondents 1 to 4 to remove the encroachment

on the panchayat land.

Section 131(2) of the Act reads as under:

131(2) It shall be the duty of the Village Administrative Officer of every revenue village to report on encroachments on properties vested in village

panchayats or panchayat union councils to the executive authority or the commissioner concerned and to the officer of the Revenue Department,

and [it shall be the duty of the executive authority or the commissioner concerned either suo motu or on obtaining a report from the Village

Administrative Officer in this regard to institute proceedings under this Act] and secure the removal of the encroachments within such time as may

be specified by the Government by general or special order. If the removal of the encroachments has not been secured within the period specified

in such order, the officers of the Revenue Department shall institute proceedings under the Tamil Nadu Land Encroachment Act, 1905 (Tamil

Nadu Act III of 1905) and secure such removal.

Section 131(2) of the Act provides that if the removal of the encroachments is not possible within the specified period as per the Government

Order, then the proceedings under the Tamil Nadu Land Encroachment Act, 1905 is to be taken.

For the reasons stated, the writ petition is, allowed and a writ in nature of mandamus is issued directing the third Respondent viz., The Block

Development Officer, Panikkan Kuppam Panchayat, Panrutti, Cuddalore District, to take steps to remove the encroachment, if any by invoking

the provisions of Section 131(2) of the Act, in accordance with law. It is made clear that before taking steps to remove the encroachment he

should follow the principles of natural justice and if required provisions of the Tamil Nadu Land Encroachment Act, 1905. No costs.

Consequently, connected miscellaneous petition is closed.