Madras High CourtWP(MD)/17965/2021disposed of

Saroja v. The District Collector

2026-03-24Honourable Mr Justice G.R.Swaminathan,Honourable Ms.Justice R. Poornima4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.03.2026

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MS.JUSTICE R.POORNIMA and W.M.P.(MD)Nos.14836 and 14837 of 2021 Saroja ... Petitioner Vs.

1.The District Collector, Office of the District Collector, Dindigul.

2.The Block Development Officer, Office of the Block Development Officer, Oddanchathiram, Dindigul District.

3.The Tahsildar, Office of the Tahsildar, Oddanchathiram Taluk, Dindigul.

4.The Panchayath President, Odaipatti Panchayath, Oddanchathiram Taluk, Dindigul 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 connected with the Impugned Order issued by the Respondent No.4 dated 17.09.2021 and quash the same as illegal, consequently direct the respondents not to evict the petitioner from her dwelling house.

For Petitioner : Dr.R.Alagumani For Respondents : Mr.T.Amjadkhan, Government Advocate for R1 to R3.

ORDER

(Order of the Court was delivered by G.R.Swaminathan, J.) The impugned communication calling upon the petitioner to remove the encroachment in question was issued by the President of the Village Panchayat. It is well settled that the President of the Village Panchayat can only call upon an encroacher to vacate but cannot take any coercive measures against the encroacher. It is the jurisdictional Tahsildar who can take steps to remove the encroachment, if any. As and when the petitioner receives notice from the jurisdictional Tahsildar, the petitioner can raise all her contentions and defences. We make it clear that we have not gone into the merits of the matter. 2/4

2.This writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed. (G.R.S. J.,) & (R.P. J.,) 24.03.2026 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:

1.The District Collector, Office of the District Collector, Dindigul.

2.The Block Development Officer, Office of the Block Development Officer, Oddanchathiram, Dindigul District.

3.The Tahsildar, Office of the Tahsildar, Oddanchathiram Taluk, Dindigul.

4.The Panchayath President, Odaipatti Panchayath, Oddanchathiram Taluk, Dindigul District.

3/4

G.R.SWAMINATHAN, J.

and R.POORNIMA, J.

ias 24.03.2026 4/4