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Madras High CourtWP(MD)/11490/2022disposed of

Kovakkal.K v. The District Collector

2026-06-02Honourable Mr Justice G.R.Swaminathan,Honourable Ms.Justice R. Poornima4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 02.06.2026

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MS.JUSTICE R.POORNIMA & W.M.P.(MD)No.8150 of 2022 K.Kovakkal ... Petitioner Vs.

1.The District Collector, Madurai District, Madurai.

2.The Tahsildar, Thiruparankundram Taluk, Madurai District.

3.The Block Development Officer, Thiruparankundram Panchayat Union, Thiruparankundram, Madurai District.

4.The Village Panchayat President, Periya Alankulam Village Panchayat, Thiruparankundram Taluk, Madurai District.

... Respondents 1/4

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records in Na.Ka.No. 1715/2020/Thee 4, dated 06.06.2022 on the file of 3rd respondent herein and quash the same and consequently forbearing the respondents to remove the Concrete house and shop in S.No. 101/11 in Thottiyapatti Village, Periya Alangulam Village Panchayat, Madurai District.

For Petitioner : no appearance For Respondents : Mr.M.P.Senthil Government Advocate

ORDER

(Order of the Court was made by G.R.SWAMINATHAN, J.) None appears for the petitioner.

2. The petitioner has challenged the communication dated 06.06.2022 issued by the BDO, Village Panchayat, Thiruparankundram.

3. It is well settled that the BDO cannot coercively enforce his own order. If the petitioner fails to comply with the impugned demand, the 2/4

BDO has to necessarily refer the matter to the Tahsildar to take action under the Land Encroachment Act. As and when the Tahsildar takes action, the petitioner can place his defence.

4. With the aforesaid clarification, the Writ Petition is disposed of. No costs.

(G.R.S., J.) (R.P., J.) 02.06.2026 Index : Yes / No Internet : Yes / No NCC : Yes / No rmi To 1.The District Collector, Madurai District, Madurai.

2.The Tahsildar, Thiruparankundram Taluk, Madurai District.

3.The Block Development Officer, Thiruparankundram Panchayat Union, Thiruparankundram, Madurai District.

4.The Village Panchayat President, Periya Alankulam Village Panchayat, Thiruparankundram Taluk, Madurai District.

3/4

G.R.SWAMINATHAN, J.

AND R.POORNIMA, J.

rmi 02.06.2026 4/4