W.P.No.11712 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 06.06.2025 CORAM THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR W.P.No.11712 of 2024 and W.M.P.No.12800 of 2024 Seethalakshmi W/o.V.Pavadai Padaiyaatchi ... Petitioner vs. 1. The Tahsildar Bhuvanagiri Bhuvanagiri (TK) Cuddalore District. 2. The Block Development Officer Bhuvanagiri (TK) Cuddalore District. 3. The Panchayat President, Periyapattu, Periyapattu Village, Bhuvanagiri (TK) Cuddalore (DT). ... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Certiorarified Mandamus to call for the records of the 3rd respondent in connection with the impugned eviction notice dated 30.11.2022 and quash the same, consequently, forbear the respondents herein, their men and subordinates or any other persons claiming through Page Nos.1/12 https://www.mhc.tn.gov.in/judis W.P.No.11712 of 2024 them from in any manner interfering with our peaceful possession and enjoyment from portion of Survey Nos.63/2 and 74/1 at Periyapattu Revenue Village, Bhuvangiri (TK), Cuddalore (DT) without out following the due process of law. For Petitioner : Mr.V.Neethidurai For Respondents : Mr.M.S.Arasakumar Government Advocate ***** O R D E R [Order of the Court was made by M. SUNDAR, J.] Captioned 'Writ Petition' {'WP' for the sake of brevity} has been filed inter alia assailing a 'terse notice with the seal dated 30.11.2022 issued by R3' {hereinafter 'impugned notice' for the sake of brevity, convenience and clarity}. 2. Mr.V.Neethidurai, learned counsel, at the outset expresses regret for missing the matter yesterday (to be noted, the captioned WP is listed under the cause list caption 'FOR DISMISAL' today) and tenders an apology and apology is accepted. Page Nos.2/12 https://www.mhc.tn.gov.in/judis W.P.No.11712 of 2024 3. Mr.V.Neethidurai, learned counsel submits that R3 does not have jurisdiction to issue the impugned notice. 4. Learned State Counsel, who has already accepted notice for respondents, on instructions submits that the impugned notice has been issued under Section 7 of 'the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905)' {hereinafter 'said 1905 Act' for the sake of brevity}. This Court, vide order dated 26.03.2025 in W.P.No.27887 of 2022 and W.M.P.No.27176 of 2022 has held that the Executive Officer / President of Local Body (Panchayat in this case) does not have jurisdiction to issue notice under Section 7 of said 1905 Act. A scanned reproduction of the order dated 26.03.2025 in W.P.No.27887 of 2022 and W.M.P.No.27176 of 2022 is as follows: Page Nos.3/12 https://www.mhc.tn.gov.in/judis W.P.No.11712 of 2024 Page Nos.4/12 https://www.mhc.tn.gov.in/judis W.P.No.11712 of 2024 Page Nos.5/12 https://www.mhc.tn.gov.in/judis W.P.No.11712 of 2024 Page Nos.6/12 https://www.mhc.tn.gov.in/judis W.P.No.11712 of 2024 Page Nos.7/12 https://www.mhc.tn.gov.in/judis W.P.No.11712 of 2024 Page Nos.8/12 https://www.mhc.tn.gov.in/judis W.P.No.11712 of 2024 Page Nos.9/12 https://www.mhc.tn.gov.in/judis W.P.No.11712 of 2024 5. Learned State Counsel, fairly submits that the captioned matter is directly covered by the aforesaid order. 6. 'Sauce to Goose is Sauce to Gander too' and we, therefore interfere with the impugned order and set aside the same on jurisdiction point alone. This means that we are not expressing any opinion on the merits of the matter. 7. We make it clear that it is open to the State to initiate appropriate action by competent authority either under said 1905 Act or under 'the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007 (Tamil Nadu Act 8 of 2007)' {hereinafter 'Tanks Act' for the sake of convenience, clarity and brevity}, as the case may be (to be noted, as there is a reference to the land in question as Kuttai i.e., pond we have made it clear that action under Tanks Act also is an option). If proceedings are initiated by competent authority under either one of the aforementioned Statutes, writ petitioner shall be show-caused, given an opportunity and order shall be made, all of which, will be done on its own merits and in accordance with law untrammelled by this order which has been made only on jurisdiction point. Page Nos.10/12 https://www.mhc.tn.gov.in/judis W.P.No.11712 of 2024 8. Captioned WP is allowed albeit with preservation of rights of both sides in the aforesaid manner. Consequently, captioned Writ Miscellaneous Petition becomes otiose and the same is disposed of as closed. There shall be no order as to costs. (M.S.J.,) (H.C.J.,) 06.06.2025 Index : Yes / No Neutral Citation : Yes / No Speaking / Non-speaking mk To 1. The Tahsildar Bhuvanagiri Bhuvanagiri (TK) Cuddalore District. 2. The Block Development Officer Bhuvanagiri (TK) Cuddalore District. 3. The Panchayat President, Periyapattu, Periyapattu Village, Bhuvanagiri (TK) Cuddalore (DT). Page Nos.11/12 https://www.mhc.tn.gov.in/judis W.P.No.11712 of 2024 M.SUNDAR, J., and HEMANT CHANDANGOUDAR, J., mk W.P.No.11712 of 2024 06.06.2025 Page Nos.12/12 https://www.mhc.tn.gov.in/judis