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Madras High CourtWP(MD)/18246/2021disposed of

Elammal 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)No.15086 of 2021 Elammal ... Petitioner Vs.

1.The District Collector, Madurai District.

2.The Tahsildar, Madurai East Taluk, Madurai District.

3.The Block Development Officer (Village Panchayats), East Panchayat Union, Madurai District.

4.The Panchayat President, Kallanthiri Village Panchayat, East Panchayat Union, Madurai.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the 1/4

records pertaining to the Impugned order of eviction passed by the 4th respondent vide his proceeding NIL dated 03.09.2021 and quash the same as illegal.

For Petitioner : Mr.J.Lawrance For Respondents : Mr.G.V.Vairam Santhosh, Addl. Government Pleader.

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, Madurai District.

2.The Tahsildar, Madurai East Taluk, Madurai District.

3.The Block Development Officer (Village Panchayats), East Panchayat Union, Madurai District.

4.The Panchayat President, Kallanthiri Village Panchayat, East Panchayat Union, Madurai.

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G.R.SWAMINATHAN, J.

and R.POORNIMA, J.

ias 24.03.2026 (1/2) 4/4