Writ petition challenging a panchayat union notice directing removal of encroachment. The court held the Commissioner cannot coercively enforce eviction; his sole remedy is to refer the matter to the jurisdictional Tahsildar under the Tamil Nadu Land Encroachment Act.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P(MD) No.2230 of 2015
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
W.P(MD) No.2230 of 2015 & M.P.(MD)No.1 of 2015
Shanmugam Pillai (died)
2.S.Sumathi
8.B.Thamayandhi
Vs.
1.The Tahsildar, Melur Taluk, Madurai District.
W.P(MD) No.2230 of 2015
2.The Commissioner, Kottampatti Panchayat Union, Kottamapatti, Madurai District.
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
W.P(MD) No.2230 of 2015
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
W.P(MD) No.2230 of 2015
To
The Tahsildar, Melur Taluk, Madurai District.
4/5
W.P(MD) No.2230 of 2015
G.R.SWAMINATHAN, J. AND R.KALAIMATHI, J.
rmi
W.P(MD) No.2230 of 2015
08.12.2025
5/5
2 issues framed by the court
Whether the Panchayat Union Commissioner could coercively enforce an eviction notice against a party with no title over the land.
What remedy is available to the Commissioner if encroachment is not removed.
2 provisions across 2 enactments
Shanmugam Pillai (died)
S.Sumathi
S.Udayappan
Palaniappan
S.Sethil Kumar
K.Vijaya
G.R.Swaminathan
R.Kalaimathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
