Chellammal.P v. The Dist 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.5645 and 10460 of 2021 P.Chellammal ... Petitioner Vs.

1.The District Collector, Trichy District, Trichy.

2.The Revenue Divisional Officer, Musiri, Trichy District.

3.The Tahsildar, Thuraiyur, Trichy District.

4.The Block Development Officer, (Village Panchayath), Panchayath Union Office, Thuraiyur, Trichy District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certioararified Mandamus, 1/6

calling for the records Pertaining to the Impugned Order issued by the 4th respondent through his proceeding in Na.Ka.Thi1/0156/2021 dated 25/02/2021 and to quash the same and consequently direct the Respondents to grant assignment Patta to the Petitioner with respect to 3 cents of land classified as Natham Puramoke comprised in Natham Survey No.141, situated at Vadakku Veli Village, K.Kothampatti Post, Thuraiyur Taluk,Trichy District in the light of the G.O.Ms.No.34 dated 23/01/2008 of the Revenue Department.

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

Mr.C.M.Mari Chelliah Prabhu 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 25.02.2021 issued by the fourth respondent herein. It is well settled that the jurisdictional Block Development Officer can only call upon an encroacher to vacate but cannot take any coercive measures against the 2/6

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, Trichy District, Trichy.

2.The Revenue Divisional Officer, Musiri, Trichy District.

3.The Tahsildar, Thuraiyur, Trichy District.

4.The Block Development Officer, (Village Panchayath), Panchayath Union Office, Thuraiyur, Trichy District.

4/6

5/6

G.R.SWAMINATHAN, J.

and R.POORNIMA, J.

ias 24.03.2026 6/6