✦ Madras High Court

Judgment · High Court

Case at a glance

Outcome

Disposed of

With the aforesaid clarification, the Writ Petition is disposed of

Provisions considered

Key paragraphs

  • Para 55. The Village Administrative Officer, Panaimadal Village, Pethanayakkanpalayam Taluk, Salem District...RespondentsPrayer: Writ Petition filed under Article 226 of the Constitution praying Direct the 1st to pass orders on the representation dated 12.05.2026 by directing the 4th respondent to stop further proceedings as per the notice…

Judgment

WP No. 20284 of 2026__________Page1 of 5IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 21-05-2026CORAMTHE HON'BLE MR JUSTICE G. R. SWAMINATHANANDTHE HON'BLE MR.JUSTICE V. LAKSHMINARAYANANWP No. 20284 of 2026ANDWMP NO. 21742 OF 2026,WMP NO. 21744 OF 20261.C.ChinnathambiS/o.Chinnu,740, T.K. Kottay, Panaimadal Post, Attur Taluk, Panaimadal, Salem District - 636 117.

2.

R. Murugesan,S/o. Raji, No.3/387, Kamarajar Colony, Attur Taluk, Panaimadal, Salem District - 636 117.

3.

B.ArulmaniS/o. Balusamy, No.648, Kamarajar Colony, Attur Taluk, Panaimadal, Salem District - 636 117...PetitionersVs1.The District CollectorSalem District. 2. The Revenue Divisional OfficerEathappur, Salem District. 3. The Tahsildar, https://www.mhc.tn.gov.in/judis WP No. 20284 of 2026__________Page2 of 5Pethanayakkanpalayam Taluk, Salem District.

4.

The Block Development Officer, Village Panchayat, Pethanayakkanpalayam Taluk, Salem District.

5.

The Village Administrative Officer, Panaimadal Village, Pethanayakkanpalayam Taluk, Salem District...RespondentsPrayer: Writ Petition filed under Article 226 of the Constitution praying Direct the 1st to pass orders on the representation dated 12.05.2026 by directing the 4th respondent to stop further proceedings as per the notice dated 11.05.2026 issued under section 131 and 134 of Tamil Nadu Panchayat Act, 1994 without deciding the appeal dated 07.05.2026 For Petitioner(s):Mr. T.Velu For Respondents: Mr. L.S.M. Hasan FizalAdditional Government PleaderOrder(Order of the Court was made by G.R.Swaminathan J.)Heard both sides.2. The 4th respondent had issued notice on 11.05.2026 under Section 131 and 134 of the Tamil Nadu Panchayats Act, 1994. The petitioners have given an objection before the 1st respondent and want the same to be considered. https://www.mhc.tn.gov.in/judis WP No. 20284 of 2026__________Page3 of 53.

Operative part

The petitioners need not have any apprehension. While the Block Development Officer is having power to call upon the petitioners to remove the encroachment, he cannot coercively enforce his own demand. It is open to the petitioners either to comply with the demand or to decline. If the petitioners fail to comply with the demand, the only course of action open to the 4th respondent is to seek reference to the 3rd respondent. As and when the 3rd respondent takes action under Land encroachment Act, the petitioners can file their objections. The 4th respondent cannot coercively enforce his order.4. With the aforesaid clarification, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. (G.R.S.,J.) (V.L.N.,J.) 21-05-2026Index: Yes/NoSpeaking/Non-speaking orderNeutral Citation: Yes/NoBGA https://www.mhc.tn.gov.in/judis WP No. 20284 of 2026__________Page4 of 5To1.The District CollectorSalem District.

2. The Revenue Divisional OfficerEathappur, Salem District. 3. The Tahsildar, Pethanayakkanpalayam Taluk, Salem District. 4. The Block Development Officer, Village Panchayat, Pethanayakkanpalayam Taluk, Salem District. 5. The Village Administrative Officer, Panaimadal Village, Pethanayakkanpalayam Taluk, Salem District. https://www.mhc.tn.gov.in/judis WP No. 20284 of 2026__________Page5 of 5G.R.SWAMINATHAN J.ANDV.LAKSHMINARAYANAN J.BGAWP No. 20284 of 2026ANDWMP NO. 21742 OF 2026,WMP NO. 21744 OF 202621-05-2026

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: With the aforesaid clarification, the Writ Petition is disposed of

Which statutory provisions did this judgment involve?

Constitution of India — art. 226; Tamil Nadu Panchayat Act, 1994 — ss. 131, 134; Tamil Nadu Panchayats Act, 1994 — ss. 131, 134.

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.

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