WP No. 2052 of 2026 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 04-02-2026 CORAM THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE C.KUMARAPPAN WP No. 2052 of 2026 and W.M.P.Nos.2194 & 2197 of 2026 Santha W/o.Selvam, D.No.1-54, Ramakrishnanur Maramangalam village Tholasampatti Panchayat and Post Omalur Taluk, Salem District. ..Petitioner(s) Vs 1. The Revenue Divisional Officer Mettur Salem District. 2. The Tahsildar Omalur Taluk, Salem District. 3. The Special officer/ Block Development Officer (village Panchayat) omalur Omalur Taluk, Salem District. ..Respondent(s) To call for the records relating to proceeding in Na.Ka. No.67/ 2026/T6, dated 08.01.2026 passed by the 3rd respondent, quash the same and pass. https://www.mhc.tn.gov.in/judis WP No. 2052 of 2026 __________ Page2 of 4 For Petitioner(s): Mr.M.Elango For Respondent(s): Mr. T. Arun Kumar,AGP for R1 to R3 Mr.M.S.Premkumar for R3 ORDER (Order of the Court was made by C.Kumarappan J.) The present writ petition has been filed to assail the order issued under Section 6 notice on 08.01.2026 by the Block Development Officer. 2. The main contention putforth by the learned counsel for the petitioner is that in Tamilnadu Land Encroachment Act, the competent authority is only the Tahsildar, whereas the present impugned notice was issued by the Block Development Officer. 3. The very submission of the learned counsel for the petitioner is in tune with the scheme of Land Encroachment Act. It is pertinent to mention that under Section 131 of the Tamil Nadu Panchayat Act, the Block Development Officer is competent to issue notice to the encroacher with a request to remove the encroachment and if such encroachment is not removed his only duty is to submit a report before the Tahsildar and the Tahsildar is the appropriate person to proceed with in accordance with the Tamil Nadu Land Encroachment Act. When this Court decided similar facts and circumstances has held that the Block Development Officer is not competent to issue notice under section 6 of the Land Encroachment Act in 2026:MHC:100 M.Jebaraj https://www.mhc.tn.gov.in/judis WP No. 2052 of 2026 __________ Page3 of 4 Vs. The Commissioner. 4. In view of the above settled legal position, we are of the firm view that the impugned notice is not in accordance with law. Hence, the present Writ Petition is allowed. The impugned notice is set aside. However, the Block Development Officer is empowered to submit a report to the jurisdictional Tahsildar for invoking the provisions of the Tamil Nadu Land Encroachment Act to remove the encroachments by following the procedures as contemplated under law. No costs. Consequently connected miscellaneous petitions are closed. (S.M.S.,J.) (C.K.,J.) 04-02-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No VSI To 1. The Revenue Divisional Officer Mettur Salem District. 2. The Tahsildar Omalur Taluk, Salem District. 3. The Special officer/ Block Development Officer (village Panchayat) omalur Omalur Taluk, Salem District. https://www.mhc.tn.gov.in/judis WP No. 2052 of 2026 __________ Page4 of 4 S.M.SUBRAMANIAM, J. AND C.KUMARAPPAN, J. VSI WP No. 2052 of 2026 04-02-2026 https://www.mhc.tn.gov.in/judis