The Madras High Court, while criticizing revenue authorities for indirectly assisting encroachers, stated that even after 125 years of enactment, revenue authorities still do not understand the purpose of the Tamil Nadu Land Encroachment Act, 1905.
“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 court noted.
A division bench comprised of Justice R Subramanian and Justice L Victoria Gowri was hearing a petition challenging an order passed under Section 7 of the Act.
After reviewing the order, the court noted that it revealed the “extraordinary magnanimity” of the Zonal Deputy Tahsildar in assisting the petitioner. The court was also convinced that the order was issued for some illegal reason.
According to the Act, the Tahsildar or the Authorised Officer must issue a show cause notice to the encroacher, giving him time to file objections. It was discovered that, despite the fact that the Act requires the officer to issue orders after considering the objections, the officer was not following the procedure.
“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 bench pointed out.
The division bench also noted that the courts have repeatedly intervened in such illegal orders issued to assist encroachers.
As a result, the court decided to vacate the order and impose a Rs. 10,000 fined on Zonal Deputy Tahsildar Devakkottai. The amount was directed to be deposited with the M.S Chellamuthu Trust and Research Foundation by the Tahsildar.
