WP/42914/2025 of SELLAMUTHU Vs THE DISTRICT COLLECTOR

Writ Petition No.42914 of 2025 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 08-04-2026 CORAM THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K. SURENDER Writ Petition No.42914 of 2025 and W.M.P.No.47992 & 47993 of 2025 Sellamuthu S/o.Ramasamy Gounder ..Petitioner Vs 1. The District Collector, District Collector Office, Namakkal District. 2. The Sub Collector, Tiruchengode Taluk, Namakkal District. 3. The Revenue Tahsildar, Kumarapalayam Taluk, Namakkal District. 4. The Revenue Circle Surveyor, Pallipalayam, Kumarapalayam Taluk, Namakkal District. 5. The Executive Officer, Alampalayam Town Panchayat, Kumarapalayam Taluk, Namakkal District. 6. Karuppusamy, S/o.Guppusamy ..Respondents https://www.mhc.tn.gov.in/judis Writ Petition No.42914 of 2025 __________ Page2 of 4 Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Certiorari calling for the entire records pertaining to the impugned order issued by the third resplendent in his proceeding i n Na.Ka.No.1927/2025/A5 dated 22.08.2025 and quash the same. For Petitioner : Ms.P.Neelavathi For Respondents: Mr.D.Ravichander Special Government Pleader [R1 to R4] Mr.M.S.Premkumar Government Advocate [R5] Mr.M.Vijayaragavan [R6] ***** ORDER (Made by S.M.Subramaniam, J.) A letter addressed by the Tahsildar, Kumarapalayam, to the Executi ve Authority, Alampalayam Town Panchayat, in proceedings dated 22.08.2025 is under challenge in the present writ proceedings. 2. Inter-departmental communications will not provide cause for initiation of writ proceedings. The Tahsildar has informed the Executive Authority, Town Panchayat, that encroachments and unauthorized constructions are identifi ed and sent a letter to the Executive Authority to initiate enforce ment action for removal of encroachments by invoking the relevant provisions under the Tamil Nadu Urban Local Bodies Act [for brevity ‘the Act’]. The Execut ive Authority competent has to initiate appropriate action under the Act to remove the encroachment. The said letter will not provide any cause for the prese nt writ petition. https://www.mhc.tn.gov.in/judis Writ Petition No.42914 of 2025 __________ Page3 of 4 3. Learned counsel for the petitioner would admit that a civil suit ha s been instituted in O.S.No.312 of 2025 on the file of the Additional Sub C ourt, Tiruchengodu, in respect of the subject property. Thus, the parties are at liberty to establish their respective civil rights, if any, before the civi l Court in the suit already instituted. 4. The Executive Authority, Town Panchayat, is empowered to invoke the relevant provisions under the Act for eviction of encroachment or demoliti on of unauthorized construction, if any made, within the jurisdiction of the T own Panchayat. There is no impediment for the Executive Authority to invoke the provisions of the Act, which can be done by following the procedures under t he Act. However, the petitioner is at liberty to submit his expla nations along with documents, if any, to the Executive Authority for consideration. With these observations, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed. [S.M.S., J.] [K.S., J.] 08-04-2026 Index: Yes Speaking/Non-speaking order Neutral Citation: Yes/No gm https://www.mhc.tn.gov.in/judis Writ Petition No.42914 of 2025 __________ Page4 of 4 S.M.SUBRAMANIAM, J. and K.SURENDER, J. gm To 1. The District Collector, District Collector Office, Namakkal District. 2. The Sub Collector, Tiruchengode Taluk, Namakkal District. 3. The Revenue Tahsildar, Kumarapalayam Taluk, Namakkal District. 4. The Revenue Circle Surveyor, Pallipalayam, Kumarapalayam Taluk, Namakkal District. 5. The Executive Officer, Alampalayam Town Panchayat, Kumarapalayam Taluk, Namakkal District. Writ Petition No.42914 of 2025 08-04-2026 https://www.mhc.tn.gov.in/judis