Madras High CourtWP(MD)/2230/2015disposed of

Shanmugam Pillai (Died), v. The Tahsildar

2025-12-08Honourable Mr Justice G.R.Swaminathan,Honourable Mrs Justice R. Kalaimathi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 08.12.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MRS.JUSTICE R.KALAIMATHI & M.P.(MD)No.1 of 2015 Shanmugam Pillai (died) 2.S.Sumathi

3. S.Udayappan 4.Palaniappan 5.S.Sethil Kumar 6.K.Vijaya 7.M.Banumathi 8.B.Thamayandhi (P1 to P8 are substituted vide Court order dated 07.08.2023 in W.M.P.(MD)No.4051 of 2019 in W.P.(MD)No.2230 of 2015 by GRSJ) ... Petitioners Vs.

1.The Tahsildar, Melur Taluk, 1/5

2.The Commissioner, Kottampatti Panchayat Union, Kottamapatti, 3.Muthandi ... Respondents PRAYER: Writ Petition filed Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari to call for records relating to the impugned notice dated 11.02.2015 in Na.Ka.No.0015/15/A2 issued by the second respondent and quash the same.

For Petitioners : Mr.J.Barathan For Respondents : Mr.M.Siddharthan Additional Government Pleader for R1 : Mr.Rajarajan for R2 : Mr.R.Anand for R3

ORDER

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

2/5

2. By the impugned memorandum dated 11.02.2015, the Commissioner, Kottampatti Panchayat Union had called upon the petitioner to remove the encroachments in question. The petitioner had been warned that if he does not do so, eviction will be carried out by taking police aid. The petitioner concedes that he has no title over the petition mentioned survey numbers. At the same time, we have to clarify that the Commissioner, Kottampatti Panchayat Union cannot coercively enforce this order. If the petitioner does not comply with the impugned demand, the only remedy open to the Commissioner is to send a proposal to the jurisdictional Tahsildar to take action under the Tamil Nadu Land Encroachment Act.

3. With the aforesaid clarification, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. (G.R.S., J.) (R.K.M., J.) 08.12.2025 Index : Yes / No Internet : Yes / No NCC : Yes / No rmi 3/5

To The Tahsildar, Melur Taluk, 4/5

G.R.SWAMINATHAN, J.

AND R.KALAIMATHI, J.

rmi 08.12.2025 5/5