The Madras High Court in the case Mathiyari v The District Collector and Others observed and has stated that even after 125 years of enactment, the revenue authorities have still not understood the purport of the Tamil Nadu Land Encroachment Act, 1905. Therefore, the court stated while criticizing revenue authorities for indirectly aiding encroachers.
The Division bench comprising of Justice R Subramanian and Justice L Victoria Gowri in the case observed wherein the court was dealing with the plea moved challenging an order passed under Section 7 of the Act. Thus, the court in the case noted after going through the order, that the order disclosed the extraordinary magnanimity of the Zonal Deputy Tahsildar to help the petitioner. Thus, the court in the case was satisfied that the order was passed for some illegal consideration.
Further, the court in the case noted that as per the Act, the Tahsildar or the Authorised Officer is to give a show cause notice to the encroacher giving him time in order to submit his objections. The court in the case also observed that the said Act requires the officer to pass orders after considering the objections and the said procedure was not being followed by the officer.
The bench in the case also noted that the courts have been repeatedly intervening in such illegal orders which have been passed to help the encroachers.
Accordingly, the court imposed a cost of Rs. 10,000 on the Zonal Deputy Tahsildar Devakkottai and has directed the Tahsildar to deposit the amount to M.S Chellamuthu Trust and Research Foundation.
The counsel, Mr.R.Anandharaj for Mr.S.Suresh Kumar appeared for the petitioner.
The counsel, Mr.P.T.Thiraviam Government Advocate represented the respondent.
