Madras High CourtWP(MD)/7147/2020disposed of

M.Chandraprabha v. The President

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)No.6584 of 2020 M.Chandraprabha ... Petitioner Vs.

1.The President, Karuppayurani Panchayat, Madurai East, Madurai.

2.The Principal Secretary, Housing and Urban Development Department, Secretariat, Fort St.George, Chennai - 600 009.

(R.2 is impleaded vide order of this Court dated 06.08.2020 in W.M.P(MD)No.8187 of 2020) ... 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 dated 06.02.2020 and consequential Impurgned Order dated 28.05.2020 on the file of respondent and quash the same as illegal. 1/4

For Petitioner : Mr.M.Mahaboob Fazil For Respondents : Mr.T.Amjad Khan Government Advocate for R.2

ORDER

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

2.By the impugned Communication dated 06.02.2020, the President of Karuppayurani 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 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.

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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 President, Karuppayurani Panchayat, Madurai East, Madurai.

2.The Principal Secretary, Housing and Urban Development Department, Secretariat, Fort St.George, Chennai - 600 009.

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G.R.SWAMINATHAN, J.

AND R.POORNIMA , J.

MGA 07.04.2026 4/4