K.Kasinathan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.12.2025 CORAM :

THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN 47101 o f 2025 K.Kasinathan Village President, Kilvisiri Panchayat, Marakkanam Union Villupuram District - 605 102 Petitioner Vs 1.The District Collector, District Collectorate Office, Villupuram District.

2.The District Planning Officer, Villupuram District, Villupuram.

3.The Joint Commissioner (Administration - Union Panjayat) Villupuram District, Villupuram

4.The Block Development Officer Marakkanam Union, Villupuram District Respondents PRAYER : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents, particularly the 1st respondent, to remove the encroachments from the common pathway and throughout Kilvisiri Village, Villupuram District. For Petitioner:

Mr.G.Mohammed Aseef For Respondents:

Mr.E.Vijay Anand Addl. Government Pleader

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Heard learned counsel for the parties.

2. This petition is completely misconceived. The President of Kilvisiri Panchayat has filed this petition for issuance of a direction to the respondents for removal of encroachments.

3. Learned State counsel rightly points out that sub-section (2) of Section 131 of the Tamil Nadu Panchayats Act, 1994, empowers the Village Administrative Officer to ensure removal of encroachments on

properties vested in Village Panchayats or Panchayat Union Councils.

4. If any encroachment is found on lands vested in the Village Panchayats or Panchayat Union Councils, it is the duty of Village Administrative Officer to bring the same to the notice of the Executive Authority or the Commissioner concerned and the officer of the Revenue department for undertaking the exercise of removal of encroachment, if any, under the law, as per the provisions of the Tamil Nadu Panchayats Act. Therefore, the petitioner, in his capacity as the President of the Village Panchayat, ought to have reported the issue of encroachment to the Village Administrative Officer for taking necessary action. Without availing such statutory power available, knocking the doors of this court is uncalled for.

5. Therefore, the present petition is not maintainable and, it is, accordingly, dismissed. There shall be no order as to costs. (MANINDRA MOHAN SHRIVASTAVA, CJ) (G.ARUL MURUGAN,J) 09.12.2025 Index :

Yes/No :

Yes/No bbr

To:

1.The District Collector, District Collectorate Office, Villupuram District.

2.The District Planning Officer, Villupuram District, Villupuram.

3.The Joint Commissioner (Administration - Union Panjayat) Villupuram District, Villupuram 4.The Block Development Officer Marakkanam Union, Villupuram District

THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN,J.

bbr 09.12.2025