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2022 DAILYLAW 4857 (MAD)

Kovakkal.K v. The District Collector

WP(MD)/11490/2022 · 2026-06-02

G R Swaminathan, R Poornima

Transfer Petitionbody2022

Judgment text

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W.P(MD) No.11490 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 02.06.2026 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MS.JUSTICE R.POORNIMA W.P(MD) No.11490 of 2022 & W.M.P.(MD)No.8150 of 2022 K.Kovakkal ... Petitioner Vs. 1.The District Collector, Madurai District, Madurai. 2.The Tahsildar, Thiruparankundram Taluk, Madurai District. 3.The Block Development Officer, Thiruparankundram Panchayat Union, Thiruparankundram, Madurai District. 4.The Village Panchayat President, Periya Alankulam Village Panchayat, Thiruparankundram Taluk, Madurai District. ... Respondents 1/4 https://www.mhc.tn.gov.in/judis W.P(MD) No.11490 of 2022 PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records in Na.Ka.No. 1715/2020/Thee 4, dated 06.06.2022 on the file of 3rd respondent herein and quash the same and consequently forbearing the respondents to remove the Concrete house and shop in S.No. 101/11 in Thottiyapatti Village, Periya Alangulam Village Panchayat, Madurai District. For Petitioner : no appearance For Respondents : Mr.M.P.Senthil Government Advocate ORDER (Order of the Court was made by G.R.SWAMINATHAN, J.) None appears for the petitioner. 2. The petitioner has challenged the communication dated 06.06.2022 issued by the BDO, Village Panchayat, Thiruparankundram. 3. It is well settled that the BDO cannot coercively enforce his own order. If the petitioner fails to comply with the impugned demand, the 2/4 https://www.mhc.tn.gov.in/judis W.P(MD) No.11490 of 2022 BDO has to necessarily refer the matter to the Tahsildar to take action under the Land Encroachment Act. As and when the Tahsildar takes action, the petitioner can place his defence. 4. With the aforesaid clarification, the Writ Petition is disposed of. No costs. (G.R.S., J.) (R.P., J.) 02.06.2026 Index : Yes / No Internet : Yes / No NCC : Yes / No rmi To 1.The District Collector, Madurai District, Madurai. 2.The Tahsildar, Thiruparankundram Taluk, Madurai District. 3.The Block Development Officer, Thiruparankundram Panchayat Union, Thiruparankundram, Madurai District. 4.The Village Panchayat President, Periya Alankulam Village Panchayat, Thiruparankundram Taluk, Madurai District. 3/4 https://www.mhc.tn.gov.in/judis W.P(MD) No.11490 of 2022 G.R.SWAMINATHAN, J. AND R.POORNIMA, J. rmi W.P(MD) No.11490 of 2022 02.06.2026 4/4 https://www.mhc.tn.gov.in/judis