Madras High CourtWP(MD)/5366/2022disposed of

Kalidoss v. The District Collector

2026-04-07Honourable Mr Justice G.R.Swaminathan,Honourable Ms.Justice R. Poornima4 pages

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)Nos.4366 & 4367 of 2022 Kalidoss ... Petitioner Vs.

1.The District Collector, 2.Kadavur Panchayat Union, Rep. by its Block Development Officer (Village Panchayat), Kadavur at Tharagampatty, 3.Tharagampatty Panchayat, Rep. by its President, Tharagampatty, 4.Vedhavalli, President, Tharagampatty Panchayat, Tharangampatty, 1/4

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorari, to call for the records pertaining to the impugned order passed by the third respondent dated 10.03.2022 and quash the same.

For Petitioner : Mr.R.Subramanian For Respondents : Mr.T.Amjad Khan Government Advocate for R.1 & R.2

ORDER

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

2.By the impugned Communication dated 10.03.2022, the President of Tharagampatty 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 body has to necessarily approach the jurisdictional Tahsildar to take 2/4

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 petitions are 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, 2.Kadavur Panchayat Union, Rep. by its Block Development Officer (Village Panchayat), Kadavur at Tharagampatty, Kadavur Taluk, Karur District.

3.The President, Tharagampatty Panchayat, Tharagampatty, 3/4

G.R.SWAMINATHAN, J.

AND R.POORNIMA , J.

MGA 07.04.2026 4/4