Velankanni C v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.04.2026

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MS.JUSTICE R.POORNIMA and W.M.P(MD)No.3049 of 2022 C.Velankanni ... Petitioner Vs.

1.The District Collector, Trichy District, 2.The Block Developmental Officer, 3.The Thasildhar, Srirangam Taluk, 4.The President, Kannudaiyanpatti Panchayat, 5.Thangamani, Kannidaiyanpatti Village President, W/o.Murugan, 1/4

Muthupudaiyanpatti, Trichy District.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorari, to call for the records relating to the impugned order passed by the fourth respondent dated 16.02.2022 and quash the same as illegal.

For Petitioner : Mr.M.Azhageson For Respondents : Mr.S.Vinodh Government Advocate for R.1 to R.3

ORDER

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

2.By the impugned Communication dated 16.02.2022, the President of Kannudaiyanpatti Panchayat had called upon the petitioner to remove the encroachment in question.

3.It is well settled that the President of a local body cannot coercively enforce his own order. If the petitioner fails to comply with the demand set out in the impugned notice, the President of the local 2/4

body has to necessarily approach the jurisdictional Tahsildar to take action under the Land Encroachment Act. As and when proceedings are taken under the said Act, the petitioner is at liberty to place all his defences before the concerned authority.

4.With the aforesaid clarification, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. [G.R.S., J.] [R.P, J.] 07.04.2026 NCC : Yes / No Index : Yes / No Internet : Yes/ No MGA To 1.The District Collector, Trichy District, 2.The Block Developmental Officer, 3.The Thasildhar, Srirangam Taluk, 3/4

G.R.SWAMINATHAN, J.

AND R.POORNIMA , J.

MGA 4.The President, Kannudaiyanpatti Panchayat, 07.04.2026 4/4