Madras High Court

WP(MD)/28973/2026 of Kamayi Vs The District Collector on 7 October 2026

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WP(MD) No. 28973 of 2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 07-10-2026

CORAM

THE HON'BLE MR JUSTICE G.R.SWAMINATHAN

AND

THE HON'BLE MRS.JUSTICE M.D.SUMATHI

WP(MD) No. 28973 of 2026

CNR:{HCMD011432012026}

and

W.M.P.(MD)No.21966 of 2026

Kamayi

W/o.Alagumalai

No. 194, Mela Street,

Oonjampatti,

Theni District.

..Petitioner

Vs

1. The District Collector

District Collectorate Office,

Theni District.

2. The Revenue Divisional Officer

Periyakulam Division,

Theni District.

3. The Tahsiidar

Theni Taluk,

Theni District.

4. The Revenue Tahsildar

Theni,

Theni District.

5. The Block Development Officer

Panchayat Union Office,

Theni,

Theni District.

..Respondents

__________

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WP(MD) No. 28973 of 2026

PRAYER: Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of CERTIORARIFIED MANDAMUS, calling for the records relating to the proceedings in Na.Ka.No.1082/2024/B.3

dated 21.09.2026 by the 5th respondent and quash the same as illegal and consequently direct the respondents not to interfere with the petitioners peaceful possession and enjoyment of the Survey no.41/ 1, Unchampatti village, Theni Taluk, Theni District and issue patta in petitioner name based on petitioner representation dated 17.09.2026.

For Petitioner:

Ms.A.Banumathy

For Respondents:

Mr.M.Kannan,

Spl. Government Pleader for R1 to R4.

Mrs.Devi Saravana Priya,

Addl. Government Pleader for R5.

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ORDER

(Order of the Court was made by G.R.Swaminathan J.) Heard both sides.

2. The writ petitioner challenges the impugned communication issued by the fifth respondent calling upon her to remove the encroachment in question. The fifth respondent had made it clear that if the petitioner fails to remove the encroachment on her own, it would be done so by the local body on 22.09.2026. Of course, the said date has passed. But till date, no coercive steps has been taken. __________

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WP(MD) No. 28973 of 2026

3. The Block Development Officer has the right to demand that encroachment should be removed. But then, he cannot coercively enforce the said demand. If the noticee fails to comply with the direction, the only course of action open to the Block Development Officer is to refer to the matter to the jurisdictional Tahsildar, who has to take action under the Tamil Nadu Land Encroachment Act, 1905. As and when, the Tahsildar issues notice under Section 7 of the Act, the petitioner can place before him all her defences.

4. With the aforesaid clarification that the fifth respondent cannot enforce his own communication, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. (G.R.S.,J.) (M.D.S.,J.) 07-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No IAS __________

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WP(MD) No. 28973 of 2026 To

1. The District Collector District Collectorate Office, Theni District.

2. The Revenue Divisional Officer Periyakulam Division, Theni District.

3. The Tahsiidar Theni Taluk, Theni District.

4. The Revenue Tahsildar Theni, Theni District.

5. The Block Development Officer Panchayat Union Office, Theni, Theni District. __________

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WP(MD) No. 28973 of 2026 __________

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WP(MD) No. 28973 of 2026 G.R.SWAMINATHAN, J. AND M.D.SUMATHI, J. ias WP(MD) No. 28973 of 2026 07-10-2026 __________

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