P.X.Dayana v. The District CollectorThiruvallur
Case at a glance
Outcome
Dismissed
In the result, the writ petition is dismissed
Provisions considered
Key paragraphs
- Para 55.The Block Development Officer (Panchayat Union)Poonamallee, Chennai-600 053...Respondent(s)Writ Petition filed under Article 226 of the Constitution of India issuing writ of Certiorari to call for the records pertaining to the Proceedings in Na.Ka.No. 2710/ 2025/A6, dated .... /08/ 2025 (Signed on 05.08.2025, found affixed on…
Judgment
WP No. 5314 of 2026__________Page1 of 5IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 18-02-2026CORAMTHE HON'BLE MR JUSTICE S. M. SUBRAMANIAMANDTHE HON'BLE MR.JUSTICE C.KUMARAPPANWP No. 5314 of 2026P.X.Dayana..Petitioner(s)Vs1.The District CollectorThiruvallur, 602 001.
The Planning Director / Joint DirectorDistrict Urban Development, Thiruvallur-602 001.
The Asst. Director, (Panchayats)Thiruvallur District, Thiruvallur- 602 001.
The Tashildar, Poonamallee TalukChennai-600 053.
The Block Development Officer (Panchayat Union)Poonamallee, Chennai-600 053...Respondent(s)Writ Petition filed under Article 226 of the Constitution of India issuing writ of Certiorari to call for the records pertaining to the Proceedings in Na.Ka.No. 2710/ 2025/A6, dated .... /08/ 2025 (Signed on 05.08.2025, found affixed on 01.09.2025) on the file of the 5th respondent, quash the same. For Petitioner(s):Mr.R.SelvakumarFor Respondent(s):Mr.D.Ravichander, https://www.mhc.tn.gov.in/judis WP No. 5314 of 2026__________Page2 of 5Special Government Pleader for Rr 1 To 4. Mr.Keerthivasan For Mr.P.Harish, Government Advocate For R5.ORDER(Order of the Court was made by C.Kumarappan J.)The present writ petition has been filed assailing the notice issued by the Block Development Officer under Section 131 of the Tamil Nadu Panchayats Act, 1994 (hereinafter referred to as the ‘Act’).2. The main contention put forth by the learned counsel for the petitioner is that subject property referred in the impugned notice qua S.No.106/4 does not belong to him.
But the property situate in S.No.106/1 alone is his property. However, the respondent has issued notice to the petitioner without going through the records. Therefore, said notice is to be quashed.3. However, the said contention is totally objected by the learned Special Government Pleader. While looking at the provisions of the Section 131(2) of the Act , it stipulated that
Executive Authority or the Commissioner concerned either suo motu or on obtaining a report from the Village Administrative Officer in this regard to institute proceedings under this Act and and secure the removal of the encroachments within such time as may be specified by the Government by general or special order. If the removal of the encroachments has not been secured within the period specified in such order, the officers of the Revenue Department shall institute proceedings https://www.mhc.tn.gov.in/judis WP No. 5314 of 2026__________Page3 of 5under the Tamil Nadu Land Encroachment Act, 1905.
4.
Operative part
In the case in hand, learned counsel for the petitioner would submit that he has already given reply to the impugned notice. Therefore, if such reply is received by the authority concerned, they are bound to look into the same, and after considering such reply, if they found that petitioner has encroached upon the subject land, it is for the authority to send a report to the revenue department, so as to institute proceeding under the Tamil Nadu Land Encroachment Act, 1905 for eviction.5. Therefore, we absolutely does not find any ground to interfere with the impugned notice in Na.Ka.No. 2710/ 2025/A6, dated Nil.08. 2025. In the result, the writ petition is dismissed. No costs. Consequently, the connected miscellaneous petitions, if any, are closed. (S.M.S.,J.) (C.K.,J.) 18-02-2026Index: Yes/NoSpeaking/Non-speaking orderNeutral Citation: Yes/NoGDTo1.The District CollectorThiruvallur, 602 001.2.The Planning Director / Joint DirectorDistrict Urban Development, Thiruvallur-602 001.3.The Asst.
Director, (Panchayats)Thiruvallur District, Thiruvallur- 602 001. https://www.mhc.tn.gov.in/judis WP No. 5314 of 2026__________Page4 of 54. The Tashildar, Poonamallee TalukChennai-600 053.5.The Block Development Officer (Panchayat Union)Poonamallee, Chennai-600 053. https://www.mhc.tn.gov.in/judis WP No. 5314 of 2026__________Page5 of 5S.M.SUBRAMANIAM, J.ANDC.KUMARAPPAN, J.GDWP No. 5314 of 202618-02-2026
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: In the result, the writ petition is dismissed
Which statutory provisions did this judgment involve?
Constitution of India — art. 226; Tamil Nadu Panchayats Act, 1994 — s. 131; Tamil Nadu Land Encroachment Act, 1905.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.