Jerina Begum v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.03.2026

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MS.JUSTICE R.POORNIMA and W.M.P.(MD)Nos.4046 and 6551 of 2021 Jerina Begum ... Petitioner Vs.

1.The District Collector, Office of the District Collector, Trichirappalli District.

2.The Tahasildar, Thiruverumber Taluk, Trichirappalli District.

3.The Block Development Officer, Union Public Office, Thiruverumber Taluk, Trichirappalli District.

4.The Inspector of Police, Thiruverumber Police Station, Trichirappalli District.

... Respondents 1/6

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certioararified Mandamus, calling for the records pertaining to the impugned orders in notice in Na.Ka.A2/1819/2020 of the Respondent No.3 dated 03/02/2021 and quash the same as illegal since the impugned order has been passed without following the due process of law and consequently direct the Respondents No.1 and 2 to issue Patta for petitioner for the extent of 575 Sq.ft in survey No.180/2 situated in Valuvar Nagar, Thiruverumber Taluk, Trichirappalli District.

For Petitioner : Mr.M.M.Iqbal For Respondents : Mr.G.V.Vairam Santhosh, Addl. Government Pleader for R1 to R3.

Mr.M.Sakthi Kumar, Govt. Advocate (Crl. Side) for R4.

ORDER

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

2.The petitioner challenges the impugned order dated 03.02.2021 issued by the third respondent herein. It is well settled that the jurisdictional Block Development Officer can only call upon an 2/6

encroacher to vacate but cannot take any coercive measures against the encroacher. It is the jurisdictional Tahsildar who can take steps to remove the encroachment, if any. As and when the petitioner receives notice from the jurisdictional Tahsildar, the petitioner can raise all her contentions and defences. We make it clear that we have not gone into the merits of the matter.

3.With the aforesaid clarifications and observations, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

(G.R.S. J.,) & (R.P. J.,) 24.03.2026 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias 3/6

To:

1.The District Collector, Office of the District Collector, Trichirappalli District.

2.The Tahasildar, Thiruverumber Taluk, Trichirappalli District.

3.The Block Development Officer, Union Public Office, Thiruverumber Taluk, Trichirappalli District.

4.The Inspector of Police, Thiruverumber Police Station, Trichirappalli District.

4/6

5/6

G.R.SWAMINATHAN, J.

and R.POORNIMA, J.

ias 24.03.2026 6/6