N.Rajamanikkam v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20-05-2026
CORAM
THE HON'BLE MR JUSTICE G. R. SWAMINATHAN AND THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN and WMP.No.21405 of 2026 N.Rajamanikkam ..Petitioner(s) Vs 1.The District Collector Office of Collectorate Salem District.
2.The Assistant Director Panchayat and Audit Office of the Collectorate Salem District.
3.The Tahsildar Office of Tahsildar Pethanaickenpalayam Taluk Salem District.
4.The Special Officer/ The Block Development Officer Panchayat Union Office of the BDO Pethanaickenpalayam Taluk Salem District.
..Respondent(s)
Prayer : Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 14.05.026 submitted in response to the notice dated 11.05.2026 issued under Section 131 and 134 of the Tamil Nadu Village Panchayats Act, 1994 and pass appropriate orders on merits and in accordance with law after affording sufficient opportunity of personal hearing to the petitioner.
For Petitioner(s):
Mr.A.Rajkumar For Respondent(s):
Mr.L.S.M.Hasal Fizal Additional Government Pleader
ORDER
(Order of the Court was made by G.R.Swaminathan J.) Heard both sides.
2.
The petitioner has been served with notice under Section 131 & 134 of the Tamil Nadu Panchayats Act, 1994, by the 4th respondent. It is well settled that neither the Panchayat president nor the Block Development Officer can coercively enforce an eviction order. They can however call upon the petitioner to remove the encroachment in question. If the petitioner fails to comply with the said demand, the only coercive action open to the authorities is to refer the matter to the jurisdictional Tahsildar.
3.
As and when the Tahsildhar initiates action under the Land Encroachment Act, the petitioner can very well place all his defences. Leaving open all the contentions of the petitioner, this writ petition is disposed of. We once again clarify that the impugned eviction order cannot be coercively enforced by the respondents. No costs. Consequently, connected Miscellaneous Petition is closed.
(G.R.S.,J.) (V.L.N.,J.) 20-05-2026 Index:Yes/No Speaking Order:Yes/No dna/rka
To 1.The District Collector Office of Collectorate Salem District.
2.The Assistant Director Panchayat and Audit Office of the Collectorate Salem District.
3.The Tahsildar Office of Tahsildar Pethanaickenpalayam Taluk Salem District.
4.The Special Officer/ The Block Development Officer Panchayat Union Office of the BDO Pethanaickenpalayam Taluk Salem District.
G.R.SWAMINATHAN J.
and V.LAKSHMINARAYANAN J.
dna/rka and WMP.No.21405 of 2026 20-05-2026