WP/35955/2026 of GOPIRAJ Vs The District collector on 8 September 2026

ORDER

(Order of the Court was made by Dr.G.Jayachandran J.) Mr.K.Surender, learned Special Government Pleader and Mr.P.K.Shivakumar, learned Government Advocate accepts notice for the respondents 1 & 2 and 3 respectively. With the consent of both parties, the Writ Petition is taken up for hearing today at the admission stage itself. Since no adverse order is to be passed in this Writ Petition, notice to the fourth respondent is dispensed with.

2. Challenging the notice dated 20.08.2026 issued by the third respondent herein / Block Development Officer [BDO], Kammapuram directing the writ

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WP No. 35955 of 2026

petitioner to remove the encroachments upon the Sarkar Poramboke Lane in Survey No.694/31 on the assumption that the said notice was issued under the Tamil Nadu Land Encroachment Act, 1905, the present Writ Petition is filed questioning the competency and jurisdiction of the BDO, who issued this notice.

3. The learned Special Government Pleader would submit that the notice was not issued under the Tamil Nadu Land Encroachment Act but under the Tamil Nadu Panchayats Act, 1994 which confers power on the BDO to remove the encroachments from the public road, cart track and water bodies.

4. On reading of the impugned order of the third respondent dated 20.08.2026, though we do not find the provision under which the notice for eviction was issued, but however presuming that it was issued under the Tamil Nadu Panchayats Act which confers power to the BDO to remove the encroachments, we dispose of the present Writ Petition with liberty to the writ petitioner to make his objections, if any, to the third respondent / Block Development Officer, Kammapuram within a period of seven (7) days from today and on receipt of the said objections from the petitioner, the third respondent / BDO shall consider the same and pass further appropriate orders in accordance with law. Since the impugned order refers the order of this Court passed in WP.No.19198 of 2022 dated 10.02.2026, the third respondent / BDO

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during the course of enquiry shall also hear the fourth respondent herein, who is the writ petitioner in W.P.No.19198 of 2022.

5. With the above observation and directions, the Writ Petition is disposed of. Consequently, connected Miscellaneous Petition is closed. There shall be no order as to costs. (G.J.,J.) (E.M.,J.) 08-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No DP

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WP No. 35955 of 2026

To

1. The District Collector Cuddalore District

2. The Tahsildar Vriddhachalam Taluk Cuddalore District

3. The Block Development Officer (BDO) Kammapuram Cuddalore District

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WP No. 35955 of 2026

DR.G.JAYACHANDRAN, J. AND E.MANOHARAN, J. DP WP No. 35955 of 2026 08-09-2026

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