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Madras High CourtWP(MD)/19971/2020disposed of

Murugan.L v. The Revenue Tahsildar

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.16629 of 2020 L.Murugan ... Petitioner Vs.

1.The Revenue Tahsildar, Tiruchendur Taluk Office, Thoothukudi District.

2.The Block Development Officer, Tiruchendur Union Office, Thoothukudi District.

... Respondents 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 relating to the impugned proceedings in Aa.4/424/2013-2 dated 22.12.2020 on the file of the 2nd respondent and quash the same as illegal and arbitrary and consequently direct the 1st respondent to issue patta in the name of the petitioner with regard to the Survey No.293/1 total extent as 0.01.00 Ares which is situated at East Tiruchendur near to 1/4

the Poomalai Commercial Complex, Tiruchendur Taluk, Thoothukudi District within the time that may be stipulated by this Court. For Petitioner : Mr.A.D.Ganeshamoorthy For Respondents : Mr.S.Vinodh, Government Advocate.

ORDER

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

2.The petitioner challenges the impugned order dated 22.12.2020 issued by the second respondent herein. It is well settled that the jurisdictional Block Development Officer 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 his contentions and defences. We make it clear that we have not gone into the merits of the matter.

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3.With the aforesaid clarifications and observations, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

(G.R.S. J.,) & (R.P. J.,) 24.03.2026 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:

1.The Revenue Tahsildar, Tiruchendur Taluk Office, Thoothukudi District.

2.The Block Development Officer, Tiruchendur Union Office, Thoothukudi District.

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G.R.SWAMINATHAN, J.

and R.POORNIMA, J.

ias 24.03.2026 4/4