MADURAI: Irked by the non-adherence to rules by revenue officials while passing eviction orders under the Tamil Nadu Land Encroachment Act, 1905, which leads to the filing of unnecessary litigations, the Madurai Bench of the Madras High Court recently directed the revenue secretary to give suitable instructions to officers to prevent recurrence of the issue so as to conserve the court’s time.
A bench of Justices MS Ramesh and AD Maria Clete gave the direction on a petition filed by one Selvam, against an eviction order passed by the Andipatti tahsildar on November 11.
Selvam contended that the revenue inspector issued notice to him under Section 7 of the aforementioned Act to remove an encroachment allegedly made by him on a public pathway adjacent to his residential property.
Though he submitted an explanation, the tahsildar passed an eviction order without considering the same or conducting a survey, he alleged.
While it appears that the government pleader issued a communication to all district collectors under the Madurai Bench’s jurisdiction on the procedures to be followed under the above Act, the tahsildar passed an eviction order, the judges said, and set it aside. They also issued a direction to the tahsildar to pass a reasoned order after considering Selvam’s explanation. The judges also imposed a cost of Rs 25,000, to be payable to the Periyakulam district siddha medical office in two weeks.
‘Unnecessary cases’
Non-adherence to rules by revenue officials while passing eviction orders under the Tamil Nadu Land Encroachment Act, 1905, leads to the filing of unnecessary litigations, says high court