Velmurugan Vs The District Collector — Writ and Judicial Review | Madras HC (2026)

Velmurugan Vs The District Collector — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the Show Cause notice dated 19.05.2023 issued by the respondent/Executive Authority, Panchayat Union Modamangalam, asking the petitioner to vacate the encroached portion of Panchayat property, should be quashed and coercive steps against the petitioner's property restrained. +1 more

Court's answer

As the notice under challenge in this writ petition was issued by the Panchayat President, the petitioner is at liberty to submit his representation along with documents, if any, to the respondents.

Ratio / Principle

The Panchayat President may issue notice to encroachers asking them to vacate the encroached portion of Panchayat property; 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 provisions of the Tamil Nadu Land Encroachment Act, 1905 for eviction of encroachers by following procedures as contemplated under law.

Key takeaways

Such representation is to be submitted within a period of two (2) weeks from the date of receipt of a copy of the order; on receipt of any such representation, the Panchayat President may consider the same.ratio¶33
Thereafter, if the encroached portion is not evicted, the Panchayat President is to file a report before the Tahsildar for initiation of eviction proceedings under the provisions of the Tamil Nadu Land Encroachment Act, 1905.ratio¶33
The said exercise of considering the representation and initiating eviction proceedings, if required, is directed to be completed by the respondents within a period of twelve (12) weeks from the date of receipt of a copy of the order.

Detailed headnote1 paragraphs

MADRAS HIGH COURT (Division Bench: S.M. Subramaniam and K. Surender JJ.) — WP No. 16329 of 2023 and WMP No. 15706 of 2023, decided 24-03-2026 — Velmurugan v. The District Collector, Namakkal District and others. Writ petition under Article 226 of the Constitution of India challenging a Show Cause notice (proceedings Nil) dated 19.05.2023 issued by the 4th respondent, described as the Executive Authority, Panchayat Union Modamangalam, asking the petitioner to vacate the encroached portion of Panchayat property at S.No. 183/34, Door No.1/125, Modamangalam Post, Tiruchengode Taluk, Namakkal District, and seeking that no coercive steps be taken. Held: the Panchayat President/Executive Authority 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 procedures contemplated under law. Since the impugned notice was issued by the Panchayat President, the petitioner was given liberty to submit a representation with documents within two weeks; on consideration, if the encroached portion is not evicted, a report is to be filed before the Tahsildar for initiation of eviction proceedings under the Act, the entire exercise to be completed within twelve weeks. Writ petition dismissed; no costs; connected miscellaneous petition closed.

2026:MHC:1215

WP No. 16329 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-03-2026

CORAM

THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM

AND

THE HON'BLE MR.JUSTICE K. SURENDER

WP No. 16329 of 2023 and WMP No. 15706 of 2023

Velmurugan

..Petitioner

Vs

The District Collector, Namakkal District, Namakkal.

The Block Development Officer, Trichengode Taluk, Namakkal District.

The Tahsildar, Trichengode Taluk, Namakkal District.

Baskar @ Mani

..Respondents

Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of 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. 183/34, in Door No.1/ 125, Modaangalam, Modamangalam Post, Tiruchengode Taluk, Namakkal District.

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WP No. 16329 of 2023

For Petitioner :	Ms.L.Meenakshi, for Mr.M.Dinesh
For Respondent(s):	Mr.M.S.Premkumar, Govt. Advocate for R1 to R3
	No appearance for R4

Order

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

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.

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.

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

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WP No. 16329 of 2023

period 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.

4. With the above observations, this Writ Petition is dismissed . No

costs. Consequently, the connected miscellaneous petition is closed.

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

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

DSA

To

The District Collector, Namakkal District, Namakkal.

The Block Development Officer, Trichengode Taluk, Namakkal District.

The Tahsildar, Trichengode Taluk, Namakkal District.

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WP No. 16329 of 2023

S.M.SUBRAMANIAM J. AND K.SURENDER J.

DSA

WP No. 16329 of 2023

24-03-2026

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