W.P(MD)No.28655 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.07.2026 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN W.P(MD)No.28655 of 2022 and W.M.P(MD)No.22679 of 2022 M.Subramani ... Petitioner Vs. The President, Viralimalai Panchayat, Pudukkottai District. ... Respondent Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorari to call for the records pertaining to the impugned notice in V.Vu/Encroachment/01 dated 16.12.2022 issued by the respondent and quash the same as illegal. For Petitioner : Mr.S.M.Sekar For Respondent : Mr.P.Rajagopalan Government Advocate (Civil Side) 1/4 https://www.mhc.tn.gov.in/judis W.P(MD)No.28655 of 2022 ORDER (Order of the Court was made by G.R.Swaminathan J.) Heard both sides. 2.The petitioner challenges the impugned eviction order passed by the president of the local body (Village Panchayat). It is well settled that while the President of the local body can call upon the petitioner to remove the encroachment, he cannot coercively enforce the same. If the noticee fails to comply with the demand, the only option open to the President is to make a reference to the jurisdictional Tahsildar, who has to follow the provisions of the Land Encroachment Act. As and when any notice is issued under the said Act, it is open to the petitioner to place all his contentions and defences before the concerned authority. 3.With the aforesaid clarification, this Writ Petition is disposed of. No Costs. Consequently, connected miscellaneous petition is closed. [G.R.S., J.] [K.K.R.K, J.] 06.07.2026 5/7 NCC : Yes / No Index : Yes / No Internet : Yes/ No MGA 2/4 https://www.mhc.tn.gov.in/judis W.P(MD)No.28655 of 2022 To The President, Viralimalai Panchayat, Pudukkottai District. 3/4 https://www.mhc.tn.gov.in/judis W.P(MD)No.28655 of 2022 G.R.SWAMINATHAN, J. AND K.K.RAMAKRISHNAN , J. MGA W.P(MD)No.28655 of 2022 06.07.2026 5/7 4/4 https://www.mhc.tn.gov.in/judis