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Madras High CourtWP/20655/2026disposed of

S. Arumugam, v. The District Collector

2026-05-27Honourable Mr Justice G. R. Swaminathan,Honourable Mr.Justice V. Lakshminarayanan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27-05-2026

CORAM

THE HON'BLE MR JUSTICE G. R. SWAMINATHAN AND THE HON'BLE MR.JUSTICE V. LAKSHMINARAYANAN and W.M.P.Nos.22233 & 22239 of 2026 S.Arumugam S/o.Solaimuthu ..Petitioner Vs

1. The District Collector, Office of Collectorate, Salem District.

2. The Tahsildar, Office of Tahsildar, Pethanaickenpalayam Taluk, Salem District.

3. The Special Officer/ The Block Development Officer, Panchayat Union, Office of the BDO, Pethanaickenpalayam Taluk, Salem District.

..Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Certiorarified Mandamus calling for the records relating to the impugned notice issued by the third respondent in Na.Ka.No.816/2026/T2-4 dated 11.05.2026 and quash the same and consequently, direct the respondents to forbear from interfering with the petitioner's peaceful possession and enjoyment of the residential property situated in Survey No.343/2 at Panaimadal Village, Pethanaickenpalayam Taluk, Salem District, except by following due process of law.

For Petitioner :

Mr.M.Sudhan For Respondents :

Mr.Mohammed Fayaz Ali Counsel for Government of Tamil Nadu [R1 & R2]

ORDER

(Order of the Court was made by G.R.Swaminathan J.) Heard both sides.

2. The petitioner challenges the impugned notice issued by the third respondent. It is open to the third respondent to issue the said notice. However, if the petitioner fails to comply with the demand, the third respondent has to make a reference to the jurisditional Tahsildar, who has to take action under the Land Encroachment Act. As and when such action is taken, the petitioner can place his contention. It is clarified that the third respondent cannot coercively enforce the impugned notice.

With the aforesaid observation, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. [G.R.S., J.] [V.L.N., J.] 27-05-2026 Index: Yes/No Speaking/Non-speaking order gm/maya

To

1. The District Collector, Office of Collectorate, Salem District.

2. The Tahsildar, Office of Tahsildar, Pethanaickenpalayam Taluk, Salem District.

3. 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.

gm/maya 27-05-2026