Kannan M v. The District Collector
1 W.P.(MD)NO.24006 OF 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.09.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MR.JUSTICE B.PUGALENDHI W.P.(MD)No.24006 of 2025 AND W.M.P.(MD)Nos.18828 & 18829 of 2025 M.Kannan ... Petitioner Vs.
1. The District Collector, Pudukkottai District, Pudukkottai.
2. The Tahsildar, Thirumayam Taluk,
3. The Block Development Officer(Village Panchayat), Arimalam Panchayat Union,
4. The Panchayat Secretary, Kadiyapatti Village Panchayat, Arimalam Panchayat Union, ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned notice issued by the third respondent in Na.Ka.No.3258/2024/Thi.4 dated 05.02.2025 1/4
2 W.P.(MD)NO.24006 OF 2025 and quash the same in so far as the petitioner is concerned and consequently directing the respondents to issue patta to the petitioner in respect of the land to an extent of 0.02.25 Ares in survey No.18 at Sithalanjanpatti, Panangudi, Thirumayam Taluk, For Petitioner : Mr.A.Karthik For R-1 & R-2 : Mr.C.Venkatesh Kumar, Special Government Pleader.
For R-3 & R-4 : Mr.S.S.Madhavan, Additional Government Pleader.
* * *
O R D E R
The petitioner who appears to be in occupation of the water body challenges the impugned eviction demand on the ground that he was not put on notice.
2. The petitioner's grievance is justified. But then, on that account, we do not propose to interfere. This is because the Block Development Officer had issued the impugned eviction demand. It is well settled that the Block Development Officer cannot enforce the demand on his own. If the respondents fail to comply with the 2/4
3 W.P.(MD)NO.24006 OF 2025 demand, eviction proceedings under the Tamil Nadu Land Encroachment Act have to be taken. At that stage, the petitioner will have to be necessarily heard.
3. With the aforesaid clarification that the impugned demand cannot be coercively enforced, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed.
(G.R.SWAMINATHAN, J.) & (B.PUGALENDHI, J.) 04th September 2025 NCC : Yes / No Index : Yes / No Internet : Yes / No PMU To:
1. The District Collector, Pudukkottai District, Pudukkottai.
2. The Tahsildar, Thirumayam Taluk, Pudukkottai District.
3. The Block Development Officer(Village Panchayat), Arimalam Panchayat Union, Pudukkottai District.
4. The Panchayat Secretary, Kadiyapatti Village Panchayat, Arimalam Panchayat Union, 3/4
4 W.P.(MD)NO.24006 OF 2025 G.R.SWAMINATHAN, J.
AND B.PUGALENDHI, J.
PMU W.P.(MD)No.24006 of 2025 04.09.2025 4/4
5 W.P.(MD)NO.24006 OF 2025 5/4