C.Chinnathambi v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21-05-2026
CORAM
THE HON'BLE MR JUSTICE G. R. SWAMINATHAN AND THE HON'BLE MR.JUSTICE V. LAKSHMINARAYANAN AND WMP NO. 21742 OF 2026,WMP NO. 21744 OF 2026
1. C.Chinnathambi S/o.Chinnu, 740, T.K. Kottay, Panaimadal Post, Attur Taluk, Panaimadal, Salem District - 636 117.
2. R. Murugesan, S/o. Raji, No.3/387, Kamarajar Colony, Attur Taluk, Panaimadal, Salem District - 636 117.
3. B.Arulmani S/o. Balusamy, No.648, Kamarajar Colony, Attur Taluk, Panaimadal, Salem District - 636 117.
..Petitioners Vs
1. The District Collector
2. The Revenue Divisional Officer Eathappur,
3. The Tahsildar,
Pethanayakkanpalayam Taluk,
4. The Block Development Officer, Village Panchayat, Pethanayakkanpalayam Taluk,
5. The Village Administrative Officer, Panaimadal Village, Pethanayakkanpalayam Taluk, ..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution praying Direct the 1st to pass orders on the representation dated 12.05.2026 by directing the 4th respondent to stop further proceedings as per the notice dated 11.05.2026 issued under section 131 and 134 of Tamil Nadu Panchayat Act, 1994 without deciding the appeal dated 07.05.2026 For Petitioner(s):
Mr. T.Velu For Respondents:
Mr. L.S.M. Hasan Fizal Additional Government Pleader Order (Order of the Court was made by G.R.Swaminathan J.) Heard both sides.
2. The 4th respondent had issued notice on 11.05.2026 under Section 131 and 134 of the Tamil Nadu Panchayats Act, 1994. The petitioners have given an objection before the 1st respondent and want the same to be considered.
3. The petitioners need not have any apprehension. While the Block Development Officer is having power to call upon the petitioners to remove the encroachment, he cannot coercively enforce his own demand. It is open to the petitioners either to comply with the demand or to decline. If the petitioners fail to comply with the demand, the only course of action open to the 4th respondent is to seek reference to the 3rd respondent. As and when the 3rd respondent takes action under Land encroachment Act, the petitioners can file their objections. The 4th respondent cannot coercively enforce his order.
4. With the aforesaid clarification, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. (G.R.S.,J.) (V.L.N.,J.) 21-05-2026 Index: Yes/No Speaking/Non-speaking order BGA
To
1. The District Collector
2. The Revenue Divisional Officer Eathappur,
3. The Tahsildar, Pethanayakkanpalayam Taluk,
4. The Block Development Officer, Village Panchayat, Pethanayakkanpalayam Taluk,
5. The Village Administrative Officer, Panaimadal Village, Pethanayakkanpalayam Taluk,
G.R.SWAMINATHAN J.
AND V.LAKSHMINARAYANAN J.
BGA AND WMP NO. 21742 OF 2026,WMP NO. 21744 OF 2026 21-05-2026