2026:MHC:235 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 06.01.2026 CORAM :

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE MR.JUSTICE C.KUMARAPPAN W.P. No.21874 of 2021 and W.M.P. Nos.20814, 23061 and 23064 of 2021

1.S.Sridharan S/o. Subramaniam, D.No.109(2), Kurumbalamahadevi Village and Post, Karukkampallam, Paramathi Velur Taluk, Namakkal District - 637 203.

2.S.Murugaiyan S/o. Subramaniam, D. No. 109(2), Kurumbalamahadevi Village and Post, Karukkampallam, Paramathi Velur Taluk, Namakkal District - 637

203.

Petitioner(s)

Vs

1. The District Collector Collectorate, Namakkal District, Namakkal.

2.The Tahsildar Taluk Office, Paramathi Velur Taluk, Namakkal District, Namakkal.

3.The Block Development Officer Kabilar Malai Panchayat Union, Paramathi Velur Taluk, Namakkal District, Namakkal.

4.Kurumbala Mahadevi Panchayat Rep by its President, Kurumbalamahadevi Village and Post, Paramathi Velur Taluk, Namakkal District, Namakkal.

5.The Village Administrative Officer Kurumbalamahadevi Village and Post, Paramathi Velur Taluk, Namakkal District, Namakkal.

6.K.Palanisamy 7.M.Rajendran

8.C.Dhanasekar (R6 to R8 impleaded vide order dated 06.01.2026 made in W.M.P.

No.20814 of 2022 in W.P.No.21874 of 2021 by SMSJ, CKJ)

Respondent(s)

Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records of the 4^th respondent vide proceedings in Na.Ka.No.1/2021/Ku dated 27.08.2021 pertaining to land and building measuring an extent of 1025 sq.feet in Survey No.136B/2 or Kurumbala Mahadevi Village and quash the same and consequently direct the respondents herein to consider issuance of patta for the above lands in favour of the petitioners as per the Government Schemes.

For Petitioner(s) : Mr.Govinda Raj for Mr.R.Sivaraman For Respondent(s) : Mr.T.Arun Kumar Additional Govt. Pleader (for R1, R2 & R5)

No appearance (for R3 & R4)

Mr.L.Mouli (for R6 to R8)

O R D E R

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

Notice issued under Section 131(2) of the Tamil Nadu Panchayat Act, 1994, is sought to be assailed in the present writ proceedings. The learned counsel for petitioners would mainly contend that the President, Panchayat has no jurisdiction to issue the notice by invoking the powers conferred under Section 131(2) of the Panchayat Act, 1994. Sub-section (2) to Section 131 of the Panchayat Act, 1994, reads as under: “(2) It shall be the duty of the Village Administrative Officer of every revenue village to report on encroachments on properties vested in Village Panchayats or Panchayat Union Councils to the Executive Authority or the Commissioner concerned and to the officer of the Revenue Department, and [it shall be the duty of the Executive Authority or the Commissioner concerned either suo motu or on obtaining a report from the Village Administrative Officer in this regard to institute proceedings under this Act] [Substituted for the words 'it shall be the duty of the Executive Authority or the Commissioner concerned to institute proceedings under this Act' by Tamil Nadu Panchayats (Third Amendment) Act, 1999 (Tamil Nadu Act 29 of 1999).] and secure the removal of the encroachments within such time as may be specified by the Government by general or special order. If the removal of the encroachments has not been secured within the period specified in such order, the officers of the Revenue Department shall institute proceedings under the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905 and secure such removal.”

2. In view of the above provision, the Executive authority or the Commissioner concerned shall issue notice asking the encroachers to vacate the property belonging to Panchayat by fixing time lines. In the event of failure to vacate the Panchayat property, the executive authority or the Commissioner is bound to submit a report to the Jurisdictional Tahsildar, who has to invoke the provisions of the Tamil Nadu Land Encroachment Act, 1945,