Madras High CourtWP(MD)/13933/2020disposed of

P.Sivasubramani v. The District Collector

2026-03-23Honourable Mr Justice G.R.Swaminathan,Honourable Ms.Justice R. Poornima4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.03.2026

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MS.JUSTICE R.POORNIMA and W.M.P(MD)No.11589 of 2020 P.Sivasubramani ... Petitioner Vs.

1.The District Collector, Dindigul District, Dindigul.

2.The Tahsildar, Oddanchatram Taluk, 3.The Block Development Officer (Village Panchayats), 4.The Village Panchayat President, Odaipatti Village Panchayat, ... Respondents 1/4

Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the order passed by the 4th Respondent in Notice No.Letter Na.Ka.No.02/2020-21 dated 26.09.2020 quash the same as illegal and without jurisdiction and consequently direct the 3rd Respondent to grant patta by way of regularization of long standing encroachment over a period of 50 years on payment of market value in terms of G.O.Ms.No.318 Revenue and Disaster Management Department dated 30.08.2019 within the specific time frame as fixed by this Court.

For Petitioner : M/s.W.Pamwlin For Respondents : Mr.G.V.Vairam Santhosh Additional Government Pleader

ORDER

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

2.By the impugned Communication dated 26.09.2020, the President of Odaipatti Village 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 2/4

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.

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.] 23.03.2026 NCC : Yes / No Index : Yes / No Internet : Yes/ No MGA To 1.The District Collector, Dindigul District, Dindigul.

2.The Tahsildar, Oddanchatram Taluk, 3.The Block Development Officer (Village Panchayats), 3/4

G.R.SWAMINATHAN, J.

AND R.POORNIMA , J.

MGA 4.The Village Panchayat President, Odaipatti Village Panchayat, 23.03.2026 4/4