Madras High Court
Administrative and Public LawConstitutional Law

Panchayat authorities may initiate proceedings to remove unauthorised occupation of Panchayat land under Section 131.

S.Kuppusamy @ Kuppana Gounder vs The District Collector

Madras High CourtJUDGMENT: September 28, 20262 MIN READSOURCE JUDGMENT
Panchayat authorities may initiate proceedings to remove unauthorised occupation of Panchayat land under Section 131.. S.Kuppusamy @ Kuppana Gounder vs The District Collector. Madras High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioner occupied lands in Survey Nos. 842–846 at Porulur Village, Dindigul District.

Source reference: para. 2–3

Following an earlier order in W.P.(MD) No. 7758 of 2024, the fourth respondent examined the lands and treated them as classified “Padhai”; it then issued an order dated 13 August 2024 directing the petitioner’s eviction.

Source reference: para. 2–3

The petitioner challenged that order on the ground that the fourth respondent lacked jurisdiction to order eviction, without disputing the lands’ classification.

Source reference: para. 7–8

The respondents relied on Section 131 of the Tamil Nadu Panchayats Act, 1994, and submitted that the competent Panchayat authorities could initiate eviction proceedings.

Source reference: para. 4, 9–11
02

Issues

Whether the fourth respondent lacked jurisdiction to initiate proceedings for the petitioner’s eviction from the subject lands

Source reference: para. 6

Whether the impugned order warranted interference under Article 226 of the Constitution of India

Source reference: para. 12–16
03

Law Applied

The Court applied Section 131 of the Tamil Nadu Panchayats Act, 1994, as conferring power on competent Panchayat authorities to address unauthorised occupation of lands belonging to or vested in the Panchayat, including by initiating proceedings for removal, subject to the statutory procedure.

Source reference: para. 9–11

It also stated that the distinction between initiating eviction proceedings and implementing eviction must be maintained: assistance from revenue authorities at the implementation stage does not, by itself, invalidate the Panchayat authority’s initiation of proceedings.

Source reference: para. 10–11

Under Article 226, the Court may intervene where there is patent lack of jurisdiction, breach of natural justice, or manifest illegality.

Source reference: para. 13
04

Reasoning

The Court rejected the jurisdictional challenge because Section 131 empowered competent Panchayat authorities to initiate proceedings concerning unauthorised occupation of Panchayat land; any need for revenue officials’ assistance in carrying out eviction did not remove that authority.

Source reference: para. 9–11

The petitioner produced no material showing that the lands were private patta lands or were not classified as “Padhai,” and the challenge was substantially confined to jurisdiction.

Source reference: para. 7–8, 12, 14–15

The Court therefore found no ground for interference under Article 226.

Source reference: para. 13, 16
05

Holding

The Court held that the petitioner had not established that the fourth respondent lacked jurisdiction or that the impugned order warranted judicial review.

It dismissed the writ petition, made no order as to costs, and closed the connected miscellaneous petitions.

Source reference: para. 15–17
06

Acts & Sections Cited

1 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.

Tamil Nadu Panchayats Act,19941

Madras High Court

Original Court PDF

S.Kuppusamy @ Kuppana GoundervsThe District Collector

Madras High Court · September 28, 2026

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