ORDER : B. Pugalendhi, J. 1. This writ petition is filed as against the notice, dated 01.10.2020 of the third respondent/the Village Administrative Officer, Kirungakkottai Group, Muthanendal Post, Manamadurai, Sivagangai District. The impugned notice has been issued as per Section 5 of the Tamil Nadu Land Encroachment Act, 1905, as he is in illegal occupation of the land in Survey No. 91, Kirungakkottai Group, Muthanendal Post, Manamadurai Taluk, Sivagangai District, to an extent of 1 Acre 37 Cents by putting up fencing. 2. Vide impugned notice the petitioner was directed to appear before the District Collector to show cause, as to why he shall not be imposed with a penalty as per Section 3 of the Tamil Nadu Land Encroachment Act, 1905 or for an action as per Section 6 of the Tamil Nadu Land Encroachment Act, 1905 by appearing before the District Collector on 09.10.2020. 3. The writ petitioner claims that he is in occupation of the land, adjacent to his property, to an extent of 1 Acre and 37 cents in Survey No. 91 of Kirungakottai Group, Manamadurai Taluk, Sivagangai District over a period of 60 years. According to him he has been cultivating thereon and enjoying the same without any hindrance so far. He also claims that there are several other similarly placed persons, namely, P. Subbiah, Muthulakshmi, M. Abimannan, S. Pandi, Sundarraj, S. Pandi, K. Athimoolam, K. Subramanian, K. Namatchivayam and Meenakumari and they have occupied the Government land and doing cultivation in Survey Nos. 94/4A, 94/4B, 94/10A, 94/10B, 96/1, 96/2, 96/3A, 96/3B, 96/3C, 85/1B1 and 85/1B3 respectively in the water poramboke and for those persons, the respondents have issued patta. Therefore, the petitioner has approached this Court that he is in occupation of the property in Survey No. 91 for more than 60 years and he shall be assigned with the patta. It is further submitted by the petitioner that the impugned notice has been issued by the third respondent, who is not competent to issue the notice as per the Tamil Nadu Land Encroachment Act, 1905 and therefore, the impugned notice is liable to be set aside. 4. Heard Mr. J. Jeyakumaran, learned Counsel for the petitioner and Mr. Sricharan Rengaran, learned Additional Advocate General, assisted by Mrs. J. Padmavathi Devi, learned Special Government Pleader appearing for the respondents. 5. 4. Heard Mr. J. Jeyakumaran, learned Counsel for the petitioner and Mr. Sricharan Rengaran, learned Additional Advocate General, assisted by Mrs. J. Padmavathi Devi, learned Special Government Pleader appearing for the respondents. 5. The notice impugned in this writ petition is issued by the Village Administrative Officer, as per Section 5 of the Tamil Nadu Land Encroachment Act, that the petitioner is in occupation of the Government land and thereby directed him to appear before the District Collector on or before 09.10.2020 and to either subject himself for penalty as contemplated under the Act or to evict as per Section 6 of the said Act, depending upon the decision taken by the authorities concerned. 6. It is to be noted that as per Section 131 (2) of the Tamil Nadu Panchayats Act, the duty is cast upon the Village Administrative Officer of every revenue village to report on the encroachment on the properties vested in the Village Panchayat or Panchayat Union Council to the Executive Authority or Panchayat Union Councils and to the Officer of the Revenue Authority and it shall be the duty of the concerned Executive Authority under the Tamil Nadu Panchayats Act, 1994 or under the Tamil Nadu Land Encroachment Act, 1905 as the case may be, depending upon the property vested with them. The provisions under Section 131(2) of the Tamil Nadu Panchayats Act, cast the duty upon the Revenue Officials to initiate proceedings under the Tamil Nadu Land Encroachment Act, 1905, secure the removal of such encroachment. 7. It would be relevant to refer to Rule 6 of the Tamil Nadu Panchayats (Restriction and Control to Regulate the use of Porambokes in Ryotwari Tracts) Rules, 2000, which reads as follows: "6. Inspecting of Poramboke Lands: The Village Administrative Office or any inspecting office of the Revenue Department shall have the right to inspect at any time, any poramboke, the use of which is regulated by the Village Panchayat. 9. Removal of encroachment on Poramboke:- The Village Panchayat shall take steps to remove the encroachment on any poramboke, the use of which is vested and regulated by the Act. 9. Removal of encroachment on Poramboke:- The Village Panchayat shall take steps to remove the encroachment on any poramboke, the use of which is vested and regulated by the Act. If the Village Panchayat commits any default in doing so, the Village Administrative Officer shall issue B. Memo to the encroachment and after three months from the date of receipt of B. Memo by the Village Panchayat, the Tahsildar concerned shall order the removal of such of those encroachments." 8. The Revenue Standing Orders RSO No. 21, reads as follows: "(iii) Responsibility of the Village Administrative Officers: Village Administrative Officers will be held responsible for preventing and reporting encroachments." 9. This Court in the case of Muthuraman v. The District Collector, Madurai District, Madurai and Others W.P.(MD) Nos. 1877 of 2018, etc., batch, decided on 15.11.2019 has held as follows: "14. Even after repeated orders of the Supreme Court as well as this Court, the encroachments in water bodies were neither curtailed nor removed. In this context, a Division Bench of this Court in W.P.(MD) Nos. 21346 of 2015, etc., batch, has taken cognizance of the issue and has held that if no action is taken for restoring the water bodies, all water bodies would disappear, thereby, causing irreparable damage to the public at large and also has called upon the Collectors of Southern Districts to file their status reports on the action taken qua removal of the encroachments in the water course and the matter is sub judice before the Court. 15. Though, time and again, specific directions have been given by the Hon'ble Supreme Court as well as this Court, as stated supra, the encroachments in water bodies have not been eradicated in toto. Though actions were taken, here and there, to remove the encroachments, new encroachments are mushrooming on the other hand. 16. In similar circumstances, this Court, in W.P. (MD) Nos. 8676 to 8678 & 21179 of 2018, decided on 18.03.2019, wherein, Myself [Justice B. PUGA-LENDHI] was a party to that judgment, has held that the encroachers, for their personal welfare, have obliterated the water bodies and thereby, the real nature of the water bodies would either be diminished or altered. The observations made in the aforesaid decision are extracted as under: "29. The observations made in the aforesaid decision are extracted as under: "29. Section 8 of the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007 provides for imposing penalties on the encroachers and the concerned officer has to make a complaint in writing. But, in reality, it appears that the officers are not troubling themselves, by preferring complaints against the encroachers. As per Section 11, ibid, the provisions under this Act shall be in addition to and not in derogation of any other law for the time being in force." 10. The Hon'ble Supreme Court and this Court time and again, issued various directions to the authorities concerned for removal of encroachments in the water bodies, Government lands and in pathways. Even then, the volume of the writ petition filed on encroachments is alarming. 11. Though a duty is cast upon the Village Administrative Officer to report the encroachments to the authorities concerned, no such reports are forwarded by the Village Administrative Officer to ensure that the villages are encroachment free. 12. There is a hierarchy in the Revenue Department, from the Village Administrative Officer, Revenue Inspector, Deputy Tahsildar, Tahsildar, Revenue Divisional Officer, District Revenue Officer and District Collector. Though there is a hierarchy of officials, it appears that superior officers are not reminded with their duties and therefore, the volume of encroachment is increasing day by day. This state of affair is due to lack of proper administrative accountability by the revenue officials and the panchayat officials. 13. The Government constituted an Administrative Reforms Committee under the Chairmanship of Dr. Justice A.K. Rajan, retired Judge of Madras High Court to ensure the corruption free and transparent administration and certain recommendations of the committee were also accepted by the Government vide G.O. Ms. No. 24, Personnel and Administrative Department dated 17.02.2010, wherein one of the recommendations is for fixing accountability on every Government servant, at every stage at every level. The Government, while accepting these recommendations has requested all the Heads of the Department to issue necessary orders to this effect while delegating powers. 14. Even in the British System Revenue Standing Orders, the responsibility and the accountability have been fixed on the Village Administrative Officer. The fact remains without the knowledge of the Village Administrative Officer, there cannot be any encroachment. 14. Even in the British System Revenue Standing Orders, the responsibility and the accountability have been fixed on the Village Administrative Officer. The fact remains without the knowledge of the Village Administrative Officer, there cannot be any encroachment. The Village Administrative Officers are expected to submit a report periodically at least once in a three months about the status of the encroachment in their village. 15. It has to be ensured by the Revenue Inspector and the Deputy Tahsildar that the Village Administrative Officer are submitting their periodical reports on encroachments. The respective Tasildar has to necessarily take action under the Tamil Nadu Land Encroachment Act, as against the encroachers, as and when such report is received from the respective Village Administrative Officer. The Revenue Divisional Officer, the District Revenue Officer and the District Collector have to ensure such system is properly functioning from the level of the Village Administrative Officer. 16. We hope and trust that the Government would come up with a measure, instructions/guidelines to the Village Administrative Officer, fixing certain responsibility and accountability upon the Village Administrative Officer, and other Revenue Officials, as per G.O. Ms. No. 24, Personnel and Administrative Department, dated 17.02.2010. 17. As pointed out by the learned Counsel for the petitioner, the Village Administrative Officer is not the competent authority to issue the impugned notice under the provisions of the Tamil Nadu Land Encroachment Act, 1905. On this ground, the impugned notice, dated 01.10.2020, issued by the third respondent is set aside. However, this Court proceeds to issue certain directions. 18. The Tahsildar/second respondent is the competent authority and therefore, he is directed to take necessary action as per the Tamil Nadu Land Encroachments Act, 1905 within a period of two weeks from the date of receipt of a copy of this order, after providing an opportunity of hearing to the petitioner. 19. It is needless to say that the Tahsildar/second respondent has also to take necessary action as against other encroachers in Survey Nos. 94/4A, 94/4B, 94/10A, 94/10B, 96/1, 96/2, 96/3A, 96/3B, 96/3C, 85/1B1 and 85/1B3, as claimed by the petitioner. 19. It is needless to say that the Tahsildar/second respondent has also to take necessary action as against other encroachers in Survey Nos. 94/4A, 94/4B, 94/10A, 94/10B, 96/1, 96/2, 96/3A, 96/3B, 96/3C, 85/1B1 and 85/1B3, as claimed by the petitioner. The Tahsildar/second respondent shall ensure the classification of the lands in these survey numbers and conduct an enquiry, whether those persons for whom, pattas were granted are eligible for such pattas and for what reason the pattas were issued to them and if it is found pattas were issued for ineligible persons and against law, necessary further action shall be taken and the second respondent shall file a report before this Court on 19.01.2021. 20. The writ petition is allowed on the above terms. No costs. Consequently, connected miscellaneous petition is closed. 21. Call this matter on 19.01.2021 under the caption "For Reporting Compliance".