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Madras High CourtWP(MD)/15059/2020disposed of

Thangavel v. The District Collector,

2025-10-23Honourable Mr Justice G.R.Swaminathan,Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.10.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)No.15059 of 2020 and W.M.P.(MD)No.12705 of 2025 Thangavel ... Petitioner Vs.

1.The District Collector, Dindigul District.

2.The Tahsildar, Oddanchatram Taluk, Dindigul District.

3.The Block Development Officer, Village Panchayat, Oddanchatram Taluk, Dindigul District.

4.The President, Virupatchi Panchayat, Oddanchatram Union, Dindigul District.

... Respondents 1/4

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 order of the 4th respondent dated 14.10.2020 by her proceedings in Kaditha.Na.Ka.No. 01/2020-21 and quash the same as illegal.

For Petitioner :Mr.D.Venkatesh For Respondents :Mr.S.Vinodh Government Advocate for R1 to R4

ORDER

Heard both sides.

2. The petitioner challenges the impugned communication issued by the President of the local body calling upon him to remove the petition mentioned encroachment. It is well settled that while the president of the local body can make such demand, he cannot coercively enforce the same. If the noticee fails to comply with the demand, the remedy open to the fourth respondent is to move the jurisdictional Tahsildar for taking action under the Tamil Nadu Land Encroachment Act, 1905.

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3. Directing the respondents 3 & 4 to take up the matter with the second respondent and directing the second respondent to act positively and to take suitable action under the Land Encroachment Act, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

[G.R.S., J.] [B.P., J.] 23.10.2025 NCC : Yes / No Internet : Yes / No Index : Yes / No rmi To 1.The District Collector, Dindigul District.

2.The Tahsildar, Oddanchatram Taluk, Dindigul District.

3.The Block Development Officer, Village Panchayat, Oddanchatram Taluk, Dindigul District.

4.The President, Virupatchi Panchayat, Oddanchatram Union, Dindigul District.

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G.R.SWAMINATHAN, J and B.PUGALENDHI, J.

rmi W.P(MD)No.15059 of 2020 23.10.2025 4/4