Madras High CourtWP/42914/2025dismissed

Sellamuthu v. The District Collector

2026-04-08Honourable Mr Justice S. M. Subramaniam,Honourable Mr.Justice K. Surender4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08-04-2026

CORAM

THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K. SURENDER and W.M.P.No.47992 & 47993 of 2025 Sellamuthu S/o.Ramasamy Gounder ..Petitioner Vs

1. The District Collector, District Collector Office, Namakkal District.

2. The Sub Collector, Tiruchengode Taluk, Namakkal District.

3. The Revenue Tahsildar, Kumarapalayam Taluk, Namakkal District.

4. The Revenue Circle Surveyor, Pallipalayam, Kumarapalayam Taluk, Namakkal District.

5. The Executive Officer, Alampalayam Town Panchayat, Kumarapalayam Taluk, Namakkal District.

6. Karuppusamy, S/o.Guppusamy ..Respondents

Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Certiorari calling for the entire records pertaining to the impugned order issued by the third resplendent in his proceeding in Na.Ka.No.1927/2025/A5 dated 22.08.2025 and quash the same. For Petitioner :

Ms.P.Neelavathi For Respondents:

Mr.D.Ravichander Special Government Pleader [R1 to R4] Mr.M.S.Premkumar Government Advocate [R5] Mr.M.Vijayaragavan [R6] *****

ORDER

(Made by S.M.Subramaniam, J.) A letter addressed by the Tahsildar, Kumarapalayam, to the Executive Authority, Alampalayam Town Panchayat, in proceedings dated 22.08.2025 is under challenge in the present writ proceedings.

2. Inter-departmental communications will not provide cause for initiation of writ proceedings. The Tahsildar has informed the Executive Authority, Town Panchayat, that encroachments and unauthorized constructions are identified and sent a letter to the Executive Authority to initiate enforcement action for removal of encroachments by invoking the relevant provisions under the Tamil Nadu Urban Local Bodies Act [for brevity 'the Act']. The Executive Authority competent has to initiate appropriate action under the Act to remove the encroachment. The said letter will not provide any cause for the present writ petition.

3. Learned counsel for the petitioner would admit that a civil suit has been instituted in O.S.No.312 of 2025 on the file of the Additional Sub Court, Tiruchengodu, in respect of the subject property. Thus, the parties are at liberty to establish their respective civil rights, if any, before the civil Court in the suit already instituted.

4. The Executive Authority, Town Panchayat, is empowered to invoke the relevant provisions under the Act for eviction of encroachment or demolition of unauthorized construction, if any made, within the jurisdiction of the Town Panchayat. There is no impediment for the Executive Authority to invoke the provisions of the Act, which can be done by following the procedures under the Act. However, the petitioner is at liberty to submit his explanations along with documents, if any, to the Executive Authority for consideration. With these observations, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed. [S.M.S., J.] [K.S., J.] 08-04-2026 Index: Yes Speaking/Non-speaking order gm

S.M.SUBRAMANIAM, J.

and K.SURENDER, J.

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