Dismissed¶¶32

Mr.Duraisamy, v. The District Collector

Madras HC24 Mar 2026WP/16290/2023

Case brief

AI extract

What is this about?

Neutral citation 2026:MHC:1214. Keywords: show cause notice; Panchayat encroachment; Panchayat President; Executive Authority; Panchayat Union Modamangalam; Tahsildar; eviction; Tamil Nadu Land Encroachment Act 1905; Article 226; certiorarified mandamus; Trichengode Taluk; Namakkal District; S.No.183/4, 183/35, 189/13; writ dismissed; no costs; connected WMP No. 15677 of 2023 closed; R4 Baskar @ Mani no appearance.

What did the court decide?

Petitioner permitted to submit a representation with documents to the respondents within two (2) weeks; respondents directed to consider it and, if the encroached portion is not evicted, file a report before the Tahsildar for initiation of eviction proceedings under the Tamil Nadu Land Encroachment Act, 1905, completing the entire exercise within twelve (12) weeks. ¶¶32

Mr.Duraisamy, Vs The District Collector — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the show cause notice dated 19/05/2023 issued by the 4th respondent (Panchayat President/Executive Authority, Panchayat Union Modamangalam) calling upon the petitioner to vacate the alleged encroachment of Panchayat property is liable to be quashed.

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Court's answer

The Panchayat President may issue notice to encroachers asking them to vacate the encroached portion of property belonging to the Panchayat.

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Ratio / Principle

If the encroacher fails to vacate, the President/Executive Authority is bound to submit a report to the jurisdictional Tahsildar, who is competent to invoke the Tamil Nadu Land Encroachment Act, 1905 for eviction of encroachers by following the procedures contemplated under law.

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Key takeaways

Since only the Panchayat President's notice is under challenge, the petitioner is at liberty to submit his representation, along with documents if any, to the respondents within two (2) weeks from receipt of a copy of the order.ratio¶¶27
On receipt of the representation, the Panchayat President may consider it and, if the encroached portion is not evicted, file a report before the Tahsildar for initiation of eviction proceedings under the Tamil Nadu Land Encroachment Act, 1905.ratio¶¶31

Detailed headnote1 paragraphs

Madras High Court (S.M. Subramaniam J. and K. Surender J.; order by S.M. Subramaniam J.), WP No. 16290 of 2023, decided 24-03-2026. The writ petition challenged a show cause notice (proceedings Nil dated 19/05/2023) issued by the 4th respondent, the Panchayat President/Executive Authority of Panchayat Union Modamangalam, calling upon the petitioner to vacate the alleged encroachment of Panchayat property in S.No.183/4, 183/35 and 189/13, Door No.1/125, Modamangalam, Trichengode Taluk, Namakkal District. Held: the Panchayat President may issue notice to encroachers to vacate Panchayat property; if the encroacher fails to vacate, the President/Executive Authority is bound to report to the jurisdictional Tahsildar, who is competent to invoke the Tamil Nadu Land Encroachment Act, 1905 for eviction by following the prescribed procedure. The petitioner was granted liberty to submit a representation with documents within two weeks; on receipt, the Panchayat President may consider it and, if the encroachment is not vacated, report to the Tahsildar for initiation of eviction proceedings under the Act, the entire exercise to be completed within twelve weeks. Writ petition dismissed without costs; connected miscellaneous petition closed.

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2026:MHC:1214

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WP No. 16290 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 24-03-2026

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CORAM

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THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM

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AND

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THE HON'BLE MR.JUSTICE K. SURENDER

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WP No. 16290 of 2023 and WMP No. 15677 of 2023

Duraisamy

..Petitioner

The District Collector, Namakkal District, Namakkal.

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The Block Development Officer, Trichengode Taluk, Namakkal District.

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The Tahsildar, Trichengode Taluk, Namakkal District.

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Baskar @ Mani

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..Respondents

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Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned show cause notice issued by the 4th respondent proceedings Nil dated 19/05/2023 quash the same and consequently directing the 1st to 4th respondents not to take any coercive steps against the petitioner property situated in S.No.183 /4, 183 /35 and 189 /13, in Door No.1/125, Modamangalam, Modamangalam Post, Trichengode Taluk, Namakkal District.

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__________ Page1 of 4

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https://www.mhc.tn.gov.in/judis

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WP No. 16290 of 2023

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For Petitioner :	Ms.L.Meenakshi for Mr.M.Dinesh
For Respondents :	Mr.M.S.Premkumar, Govt. Advocate for R1 to R3
	R4- No appearance

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Order

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(Order of the Court was made by S.M.Subramaniam J.)

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The present Writ Petition has been instituted challenging the show cause notice issued by the respondent/ Executive Authority, Panchayat Union Modamangalam asking the petitioner to vacate the encroached portion of the property, which belongs to Panchayat.

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2. As far as the Panchayat President is concerned, he may issue notice to the encroachers asking them to vacate the encroached portion of the property which belongs to Panchayat. If the encroacher fails to vacate the property, then the President/ Executive Authority is bound to submit a report to the jurisdictional Tahsildar, who is competent to invoke the provisions of the Tamil Nadu Land Encroachment Act, 1905 [hereinafter referred to as “the Act”] for eviction of encroachers by following procedures as contemplated under law.

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3. In the present Writ Petition, notice issued by the Panchayat President is under challenge. Thus, the petitioner is at liberty to submit his representation along with documents if any to the respondents within a period

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Page2 of 4

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https://www.mhc.tn.gov.in/judis

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WP No. 16290 of 2023

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of two (2) weeks from the date of receipt of a copy of this order. On receipt of any such representation, the Panchayat President may consider the same and thereafter if the encroached portion is not evicted, file a report before the Tahsildar for initiation of eviction proceedings under the provisions of the Act. The said exercise is directed to be completed by the respondents within a period of twelve (12) weeks from the date of receipt of a copy of this order.

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4. With the above observations, this Writ Petition is dismissed . No costs. Consequently, the connected miscellaneous petition is closed.

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(S.M.S.,J.) (K.S.,J.) 24-03-2026

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Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No

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DSA

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