Madras High Court
WP/39758/2026 of DHANALAKSHMI Vs The Special Officer/ Block Development Officer on 7 October 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07-10-2026
CORAM
THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE R.RAJESH VIVEKANANTHAN
WP Nos. 39758 of 2026
CNR:{HCMA012281562026}
AND
and WP NO. 39980 OF 2026,WP NO. 40171 OF 2026,WP NO. 39973 OF
2026,WMP NO. 44685 OF 2026,WMP NO. 44914 OF 2026,WMP NO. 45105
OF 2026 and WMP NO. 44907 OF 2026
W.P.No.39758 of 2026
Dhanalakshmi
W/o.Muthulingam,
Door No.473, TANTEA Quarter,
Gurrency Bazzar, Burliar Village,
The Nilgiris- 643 102.
..Petitioner
Vs
The Special Officer/ Block Development Officer, (Village Panchayat)
Burliar Village Panchayat,
Coonoor Block, The Nilgiris District.
..Respondent
WP No. 39980 of 2026
CNR:{HCMA012281572026}
Selvaraj
S/o.Irulan, Door No.1/53 Gurrency Area
Burliar Village, The Nilgiris 643102.
..Petitioner
Vs
The Special Officer / Block Development Officer, (Village Panchayat), Burliar Village Panchayat, Coonoor Block, The Nilgiris District
..Respondent
WP No. 40171 of 2026
CNR:{HCMA012281582026}
Sivashankar @ Sivashanker
S/o.Rajkumar, Door No.1/405, Iyyappan Colony Burliar Village, The Nilgris-643 102.
..Petitioner
Vs
The Special Officer / Block Development Officer, (Village Panchayat), Burliar Village Panchayat, Coonoor Block, The Nilgiris District
..Respondent
WP No. 39973 of 2026
CNR:{HCMA012281592026}
P.Suresh Kumar
S/o.Paramasivam,
Door No.2-1/NA, Makkal Kalani,
Coonoor, The Nilgris-643 102.
..Petitioner
Vs
The Special Officer / Block Development Officer, (Village Panchayat)
Burliar Village Panchayat,
Coonoor Block, The Nilgiris District
..Respondent
Prayer in W.P.No.39758 of 2026 : Writ Petition under Article 226 of the Constitution of India praying for a Writ of Certiorarified Mandamus calling or
dated 07.09.2026 in Na.Ka.U.No. 15/2025 and quash the same as illegal, arbitrary and violative of the Principles of natural Justice, and Consequently
forbear the Respondent, his men, agents and subordinates from in any
manner evicting tor interfering with the peaceful possession and enjoyment of the petitioners Tea Shop in the name and Style of Sai Tea Stall situated at Aaderly Street, Dolphin Nose, Burliar Village Panchayat, Coonoor Block, The Nilgiris District.
Prayer in WP No. 39980 of 2026 : Writ Petition under Article 226 of the Constitution of India praying for a Writ of Certiorarified Mandamus calling for
dated 07.09.2026 in Na.Ka.U.No.15/2025 and quash the same as illegal, arbitrary and violative of the principles of natural justice, and consequently
forbear the Respondent, his men, agents and subordinates from in any
manner evicting or interfering with the peaceful possession and enjoyment of the petitioners Tea shop situated at Aaderly Street, Dolphin Nose, Burliar Village Panchayat, Coonoor Block, The Nilgiris District.
Prayer in WP No. 40171 of 2026 : Writ Petition under Article 226 of the Constitution of India praying for a Writ of Certiorarified Mandamus calling for
dated 07.09.2026 in Na.Ka.U.No.15/2025 and quash the same as illegal, arbitrary and violative of the principles of natural justice, and consequently
forbear the Respondent, his men, agents and subordinates from in any
manner evicting or interfering with the peaceful possession and enjoyment of the petitioners Fancy store in the name and style of Siva Fancy Store situated at Aaderly Street, Dolphin Nose, Burliar Village Panchayat, Coonoor Block, The Nilgiris District.
Prayer in WP No. 39973 of 2026 : Writ Petition under Article 226 of the Constitution of India praying for a Writ of Certiorarified Mandamus calling for
the entire records connected with the Respondents impugned Eviction Notice
dated 07.09.2026 in Na.Ka.U.No.15/2025 and quash the same as illegal, arbitrary and violative of the principles of natural justice, and consequently
forbear the Respondent, his men, agents and subordinates from in any
manner evicting or interfering with the peaceful possession and enjoyment of the petitioners shop viz., Suresh Magi Shop situated at Aaderly Street, Dolphin Nose, Burliar Village Panchayat, Coonoor Block, The Nilgiris District.
For Petitioners:
Mr.G.Balamanikandan
For Respondents :
Mr.K.Surender
Special Government Pleader
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Order
(Order of the Court was made by S.M.Subramaniam J.) The present writ petitions have been instituted challenging the eviction notices dated 07.09.2026 issued by the Block Development Officer / Special Officer, Burliar Panchayat, Nilgiris District.
2. The Burliar Panchayat has taken a decision to construct a commercial complex for the benefit of tourists travelling from Mettupalayam to Udhagamandalam. It is the stop point for the tourists in hill route and therefore an administrative decision was taken to construct a commercial complex to regulate the traffic and for the benefit of the tourists halting at Burliar. While conducting survey of the land in hilly area, the authorities identified the encroachments and action has been taken to evict the encroachers for construction of commercial complex. Consequently, impugned notices have been issued by the Block Development Officer.
3. Learned counsel for the petitioners would mainly contend that they have installed bunk shops and after securing licence from the respondents, they are running business.
4. Trade licences would not confer any right to possess the land belonging to the Panchayat. Admittedly, the petitioners are not lessees nor any allotment of the land or bunk shop was provided by the competent authority ie., Panchayat. Since they are encroachers, enforcement actions are initiated to evict them. Notices came to be issued on 07.09.2026 and served on the petitioners.
5. In view of the said facts, the writ petitioners are at liberty to submit their representations along with the documents, if any, to the respondent Panchayat within a period of one week from the date of receipt of a copy of this order. If any such representations are received, the same may be considered and thereafter the authorities shall proceed with the enforcement action and remove the encroachments for construction of a new commercial complex. In the event of construction of commercial complex, the petitioners may be permitted to participate in the public auction to be conducted in the manner known to law.
6. With the above observations, the above writ petitions are dismissed. No costs. Consequently, connected miscellaneous petitions are closed. (S.M.S.,J.) (R.R.V.,J.) 07-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No KST To The Special Officer/ Block Development Officer, (Village Panchayat) Burliar Village Panchayat, Coonoor Block, The Nilgiris District.
S.M.SUBRAMANIAM J. AND R.RAJESH VIVEKANANTHAN J. KST WP Nos. 39758, 39980, 40171 and 39973 of 2026 07-10-2026