Disposed¶22

Kalaiselvam.v v. the President

Madras HC2 Jun 2026WP(MD)/14254/2021

Case brief

AI extract

What is this about?

Village panchayat President cannot coercively enforce own eviction order; may issue encroachment-removal demand notice; enforcement lies only through jurisdictional Tahsildar under Tamil Nadu Land Encroachment Act; petitioner may contest before Tahsildar; certiorari against eviction order re Survey No.190 Kottairuppu Village, Sivagangai District; writ disposed with clarification, no costs.

What did the court decide?

Writ petition disposed of with the clarification that the Panchayat President cannot coercively enforce his own order and must refer non-compliance to the Tahsildar; no costs; connected miscellaneous petition closed. The eviction order itself was not quashed. ¶22

Kalaiselvam.v Vs the President — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the eviction order passed by the President of the local body (Kottairuppu Panchayat) against the petitioner is sustainable and whether it can stand, given the President's lack of power to coercively enforce his own order.

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Court's answer

The President of a village panchayat cannot coercively enforce his own order.

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Ratio / Principle

The Panchayat President nevertheless has the right to issue notice demanding removal of encroachment.

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Key takeaways

If the petitioner declines to comply with the demand, the only remedy open to the Panchayat President is to refer the matter to the jurisdictional Tahsildar.ratio¶22
Upon receipt of notice from the Tahsildar under the Tamil Nadu Land Encroachment Act, the writ petitioner may place his contentions before the Tahsildar.ratio¶22

Detailed headnote1 paragraphs

Madurai Bench of Madras High Court (G.R. Swaminathan and B. Pugalendhi, JJ.), 02.06.2026 — W.P.(MD)No.14254 of 2021: V. Kalaiselvam v. President, Kottairuppu Panchayat and another. The petition challenged an eviction order passed by the President of Kottairuppu Panchayat in respect of lands in Survey No.190, Kottairuppu Village, Thirupattur Taluk, Sivagangai District. Reiterating its consistent view, the Division Bench held that the President of a village panchayat cannot coercively enforce his own order, though he may issue notice demanding removal of encroachment; on non-compliance, the only remedy is to refer the matter to the jurisdictional Tahsildar, before whom the petitioner may place his contentions upon notice under the Tamil Nadu Land Encroachment Act. Writ petition disposed of with this clarification; no costs; connected miscellaneous petition closed.

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1 W.P.(MD)NO.14254 OF 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 02.06.2026

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CORAM

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THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

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AND

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THE HON'BLE MR.JUSTICE B.PUGALENDHI

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W.P.(MD)No.14254 of 2021 and

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W.M.P.(MD)No.11192 of 2021

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V.Kalaiselvam ... Petitioner

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Vs.

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The President, Kottairuppu Panchayat, Thirupattur Taluk, Sivagangai District.

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M.Susheela, President, Kottairuppu Panchayat, Thirupattur Taluk, Sivagangai District. ... Respondents

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Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for records relating to the impugned proceedings / order of eviction in proceedings NIL dated NIL made by the first respondent in respect of lands in survey No.190, Kottairuppu Village, Thirupattur Taluk, Sivagangai District and quash the same as illegal.

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For Petitioner : Mr.C.R.Kasi Viswanathan For Respondents : Mr.M.P.Senthil, Government Pleader for R-1. No appearance for R-2.

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

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2 W.P.(MD)NO.14254 OF 2021

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O R D E R

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Heard both sides.

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What is under challenge is an eviction order passed by the President of the local body.

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We have been consistently holding that the President of a village panchayat cannot coercively enforce his own order. However, he has the right to issue notice demanding removal of encroachment. If the petitioner declines to comply with the demand, the only remedy open to the Panchayat President is to refer the matter to the jurisdictional Tahsildar. As and when the writ petitioner receives notice from the Tahsildar under the Tamil Nadu Land Encroachment Act, the petitioner can place his contentions. The writ petition stands disposed of with the aforesaid clarification. No costs. Consequently, connected miscellaneous petition is closed.

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(G.R.SWAMINATHAN, J.) & (B.PUGALENDHI, J.) 2^nd June 2026 NCC : Yes / No Index : Yes / No Internet : Yes / No PMU

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

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3 W.P.(MD)NO.14254 OF 2021

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To:

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The President, Kottairuppu Panchayat, Thirupattur Taluk, Sivagangai District.