Pappathi v. The District Collector

2026:MHC:1033

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11-03-2026

CORAM

THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K. SURENDER Pappathi W/o. Sathishkumar, 6/2C Mel Echavari, Lathuvadi Post 637 002 Mohanur Taluk, Namakkal District.

..Petitioner(s) Vs

1. The District Collector Namakkal 637 001.

2. The Tahsildar Senthamangalam Taluk, Namakkal District 637 409.

3. The Executive Engineer Public Works Department, Sarabanga Basin Division, Namakkal District.

4. Ms.Selvi Subramanian D/o. Late Mari Gounder, Navaladipatti Village, Senthamangalam Taluk, Namakkal District.

..Respondent(s) To direct the Respondents 1 to 3 herein to remove the encroachments made by the 4th Respondent into the tank classified as Government Poramboke comprised in S.No.327 and Situate in Pavithiram Village,

Senthamangalam Taluk, Namakkal District by considering the Petitioners representations dated 14.10.2020 and 15.02.2021 For Petitioner(s):

Mr.S.Senthil For Respondent(s):

Mr.T.Arunkumar, Addl.G.P. for R1 to R3 Mr.S.Saravanakumar for R4

ORDER

(Order of the Court was made by S.M.Subramaniam J.) Writ of Mandamus has been instituted to direct the Respondents 1 to 3 herein to remove the encroachments made by the 4th Respondent into the tank classified as Government Poramboke comprised in S.No.327 and Situate in Pavithiram Village, Senthamangalam Taluk, Namakkal District by considering the Petitioners representations dated 14.10.2020 and 15.02.2021.

2. The subject land in S.No.327 situated in Pavithiram Village, Senthamangalam Taluk, Namakkal District, is classified as Government poromboke. The Executive authority of the Panchayat identified the encroachment and issued show cause notice under section 131 (2) of the Tamil Nadu Panchayats Act, 1994. The said notice came to be challenged by way of a civil suit. The civil suit against the notice issued under Section 131 is not maintainable in view of an express bar contemplated under the Act.

3. No suit is entertainable under Section 9 of C.P.C. In the suit, the

defendants may initiate all appropriate actions in the manner known to law. As far as the encroachments are concerned, there is no impediment for continuing the enforcement action by following the procedures as contemplated under the relevant statutes and rules in force.

4. With these observations, the Writ Petition is disposed of. No costs. (S.M.S.,J.) (K.S.,J.) 11-03-2026 Index: Yes/No Speaking/Non-speaking order VSI To

1. The District Collector Namakkal 637 001.

2. The Tahsildar Senthamangalam Taluk, Namakkal District 637 409.

3. The Executive Engineer Public Works Department, Sarabanga Basin Division, Namakkal District.

S.M.SUBRAMANIAM, J.

AND K.SURENDER, J.

VSI 11-03-2026