Tamil Nadu Land Encroachment Act: Even After 125 Years, Revenue Authorities Still Haven't Understood Its Purport: Madras High Court

"Despite the fact that the Act has been in force for nearly 125 years, even today, the revenue officials have not understood the purport of the Act. This Court has been forced to repeatedly quash such illegal orders passed by such errant revenue officials. We are sure that these orders have not stemmed out of ignorance, but, have stemmed out of corrupt activities."

The division bench of Justice R Subramanian and Justice L Victoria Gowri was dealing with a plea challenging an order passed under Section 7 of the Act. The court, after going through the order, noted that the order disclosed the “extraordinary magnanimity" of the Zonal Deputy Tahsildar to help the petitioner. The court was also satisfied that the order was passed for some illegal consideration.

The court noted that as per the Act, the Tahsildar or the Authorised Officer is to give a show cause notice to the encroacher giving him time to submit objections. It observed that though the Act requires the officer to pass orders after considering the objections, the procedure was not being followed by the officer.

"Time and again, orders are passed with a view to help the encroachers. Whenever such illegal orders are passed, this Court necessarily intervenes. Whenever this Court intervenes, they raise hue and cry as if this Court is preventing removal of encroachments," the court said.

The bench also noted that the courts have been repeatedly intervening in such illegal orders which have been passed to help the encroachers.

Thus, the court thought it fit to quash the order and impose a cost of Rs. 10,000 on the Zonal Deputy Tahsildar Devakkottai. The Tahsildar was directed to deposit the amount to M.S Chellamuthu Trust and Research Foundation.

Case Title: Mathiyari v The District Collector and Others

Citation: 2023 LiveLaw (Mad) 144

Counsel for Petitioner: Mr.R.Anandharaj for Mr.S.Suresh Kumar

Counsel for Respondents: Mr.P.T.Thiraviam Government Advocate