A. Boominathan v. The Dist. Collector

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.16107 of 2020 & W.M.P.(MD)No.13485 of 2020 A.Boominathan ... Petitioner Vs.

1.The District Collector, Office of the District Collector, 2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Aruppukkottai Revenue Division, 3.The Tahsildar, Office of the Taluk Office, Kariyapatti Taluk, 4.The Block Development Officer (Village Panchayat), Kariyapatti Panchayat Union, Kariyapatti, ... 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 records pertaining to the impugned order passed by the 4th respondent herein proceedings in Na.Ka.B1/30/2020 dated 03.11.2020 which was served on petitioner on 05.11.2020 and quash the same as illegal and unconstitutional and consequently forbearing the respondents from in any manner evicting the petitioner from his patta lands comprised in S.No.31/3C situated at Keela Idayankulam Village, Kariyapatti Taluk, Virudhunagar District.

For Petitioner :Mr.G.Thalaimutharasu For Respondent :Mr.M.Gangadharan Government Advocate

ORDER

Heard both sides.

2. The petitioner challenges the impugned communication issued by the jurisdictional BDO. The BDO no doubt has called upon the petitioner to remove the petition mentioned encroachment. Default clause has been incorporated to the effect that if the demand set out in the impugned communication is not complied with, coercive action will be taken by taking police aid. It is well settled that the BDO cannot coercively enforce such an 2/4

order in the event of the noticee not complying with the demand. The only course of action is to move the jurisdictional Thasildar for taking action under the Land Encroachment Act.

3. With the aforesaid clarification of the impugned communication, the 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, Office of the District Collector, 2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Aruppukkottai Revenue Division, 3/4

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

rmi 3.The Tahsildar, Office of the Taluk Office, Kariyapatti Taluk, 4.The Block Development Officer (Village Panchayat), Kariyapatti Panchayat Union, Kariyapatti, W.P(MD)No.16107 of 2025 23.10.2025 4/4