Madras High CourtWP(MD)/4545/2026disposed of

Kannan @ Kamalakannan v. The District Collector

2026-02-19Honourable Mr Justice G.R.Swaminathan,Honourable Mr Justice B.Pugalendhi4 pages

1 W.P.(MD)NO. 4545 OF 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.02.2026

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MR.JUSTICE B.PUGALENDHI W.P.(MD)No.4545 of 2026 AND W.M.P.(MD)Nos.3807 & 3810 of 2026 Kannan @ Kamalakannan ... Petitioner Vs.

1. The District Collector, Pudukkottai, Pudukkottai District.

2. The Tahsildar, Gandarvakottai Taluk, Pudukkottai District.

3. The Block Development Officer, Gandarvakottai Union, Gandarvakottai, Pudukkottai District.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, issuing a Writ of Certiorari, to call for the entire records relating to the impugned notice passed by the third respondent in his proceedings in Na.Ka.No.15/2025 dated 05.01.2026 and quash the same as illegal.

For Petitioner : Mr.A.Balaji For Respondents : Mr.G.V.Vairam Santhosh, Additional Government Pleader.

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2 W.P.(MD)NO. 4545 OF 2026

O R D E R

Heard both sides.

2. What is under challenge is the impugned communication issued by the jurisdictional Block Development Officer calling upon the petitioner to remove the petition-mentioned encroachments.

3. It is well settled that the Block Development Officer cannot enforce eviction order on his own. It is only the jurisdictional Tahsildar who can take action under the Tamil Nadu Land Encroachment Act, 1905. However, the Block Development Officer is entitled to point out the encroachments committed by the petitioner and call upon him to remove the encroachment. He cannot take any coercive action on his own. Clarifying the legal position, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

(G.R.SWAMINATHAN, J.) & (B.PUGALENDHI, J.) 19.02.2026 NCC : Yes / No Index : Yes / No Internet : Yes/ No PMU 2/4

3 W.P.(MD)NO. 4545 OF 2026 To:

1. The District Collector, Pudukkottai, Pudukkottai District.

2. The Tahsildar, Gandarvakottai Taluk, Pudukkottai District.

3. The Block Development Officer, Gandarvakottai Union, Gandarvakottai, Pudukkottai District.

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4 W.P.(MD)NO. 4545 OF 2026 G.R.SWAMINATHAN,J.

AND B.PUGALENDHI, J.

PMU W.P.(MD)No.4545 of 2026 19.02.2026 4/4