official guidance

G.O.(Ms).No.540, Formation of Redressal Committees for Eviction of Encroachment

The Tamil Nadu Revenue [LD6(2)] Department issued G.O.(Ms).No.540 on 4 December 2014, creating a three level grievance process for complaints about eviction of encroachments on Government land. It provides for an original petition to the Tahsildar, an appeal to a divisional committee and a review by a district committee, with written decisions within specified periods.

Category
Revenue and land administration
Effective
1 January 2014
Pages
4
Status
In force
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What the order governs

G.O.(Ms).No.540 of the Tamil Nadu Revenue [LD6(2)] Department establishes Redressal Committees for complaints seeking eviction of encroachments on Government land. The mechanism implements directions of the High Court of Madras in W.P.No.26722/2013 and provides an administrative process through which complaints can be investigated and answered.

The process affects people reporting an encroachment, officials responsible for Government land and people alleged to be occupying Government land without authority.

Original petition at Taluk level

A person seeking eviction of an encroachment on Government land may submit an original petition to the relevant Tahsildar.

  • The Tahsildar may arrange an inspection by an officer at least at Deputy Tahsildar level.
  • If the Tahsildar is satisfied that Government land is being encroached, a show cause notice must be served on the alleged encroacher under Section 7 of the Tamil Nadu Land Encroachment Act, 1905.
  • Further action must follow the procedure under the Tamil Nadu Land Encroachment Act, 1905.
  • The petitioner must receive a detailed written reply explaining any action taken.
  • The entire process must be completed within 60 days from receipt of the petition.

Appeal at divisional level

An appeal may be filed if the Tahsildar does not reply within 60 days, or if the petitioner is dissatisfied with the reply or action taken. The Appellate Committee consists of the Revenue Divisional Officer, Deputy Superintendent of Police and Deputy Inspector of Survey.

  • The committee must meet at least once a month.
  • Each matter must be decided individually after giving the petitioner an opportunity to be heard.
  • A personal inspection may be conducted with the Tahsildar and surveyors after advance notice to the petitioner.
  • The decision must be communicated in writing within 30 days from receipt of the appeal.

District review and monitoring

A petitioner may seek district review if the Appellate Committee does not reply within the required time or if the petitioner is dissatisfied with its decision. The Review Committee consists of the District Revenue Officer, Superintendent of Police and Assistant Director of Survey, and must communicate its finding within 30 days.

Complaint details and decisions must also be placed before the District Level Steering Committee on Encroachment headed by the District Collector. District Collectors must publicise the grievance mechanism from district to village level, while the Additional Chief Secretary and Commissioner of Land Administration must monitor its operation.

This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.

Common questions

Where should I first complain about an encroachment on Government land?

File an original petition before the Tahsildar of the relevant Taluk. The Tahsildar may arrange an inspection and must send a detailed written reply.

How long does the Tahsildar have to deal with my petition?

The complete Taluk level process, including the written reply, must be completed within 60 days from receipt of the petition.

Can I appeal if I am unhappy with the Tahsildar's response?

Yes. You may approach the divisional Appellate Committee if no reply is received within 60 days, or if you are dissatisfied with the Tahsildar's reply or action.

Will an alleged encroacher receive notice before eviction proceedings?

The Collector or Tahsildar must serve a notice calling on the person to show cause why eviction should not occur. Further proceedings must follow the Tamil Nadu Land Encroachment Act, 1905.