N.Banumathi v. The Government Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.11.2023

CORAM:

THE HON'BLE MR. JUSTICE K.KUMARESH BABU and M.P.No.2 of 2009 1.N.Banumathi 2.C.S.Govindasamy 3.R.Suguna 4.U.Kamalakannan 5.G.Selvi 6.V.Ravi 7.K.Danapal 8.A.Arif 9.P.Palanisamy 10.C.Shanmughasundaram 11.C.Manoharan 12.P.Palanichamy 13.R.Poosan 14.D.Aiyyavu 15.R.Subramani 16.P.Sivaraj 17.C.Muthusamy 18.M.Sathish 19.C.R.Sivakumar 20.B.Nagarajan

...Petitioners

Vs.

1.The Government of Tamil Nadu, rep. by its Secretary, Rural Development Department, Fort St.George, Chennai - 600 009.

2.The District Collector, 1/6

3.The Block Development Officer, Chennimalai Taluk, 4.The President, Ekkattampalayam Panchayat, 5.The President, Ellaigrmam Panchayat, 6.The President, Kodumanal Panchayat, 7.The President, Koothampalayam Panchayat, 8.The President, Kuppichipalayam Panchayat, 9.The President, V.Kuttapalayam Panchayat, 10.The President, Mugasipidaariyur Panchayat, 11.The President, Mugasipulavanpalayam Panchayat, 12.The President, Ottapparai Panchayat, 2/6

13.The President, Paniyampalli Panchayat, 14.The President, Pudupalayam Panchayat, 15.The President, Pungampadi Panchayat, 16.The President, Punjaipalathozhvu Panchayat, 17.The President, Sirukalanchi Panchayat, 18.The President, Vadamugam Vellode Panchayat, 19.The President, Varapalayam Panchayat, 20.The President, Vaipadi Panchayat, 21.The President, Murungathozhvu Panchayat, 22.The President, Ingur Panchayat, 3/6

23.The President, Kumaravalasu Panchayat, Erode District. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari to call for the records relating to the order passed by the 3rd respondent in his proceedings No.Na.Ka.1955/09/A2 dated 03.11.2009, quash the same.

For Petitioner : Mr.M.Baskar For Respondents : Mr.S.Ravichandran for R1 & R2 Additional Government Pleader R3 - No appearance R4 to R14 & R16 to R23 not ready in notice R15 - served - no appearance

O R D E R

This Writ Petition has been filed challenging the order issued by the third respondent dated 03.11.2009. This Court at the time of admission relied upon an interim order of this Court made in W.P.Nos.11156 to 11158 of 2009 and had granted interim order.

2.It is brought to the notice of this Court that the aforesaid Writ Petitions had been disposed of by the learned Single Judge by setting aside the order impugned 4/6

and had granted liberty to the Government to initiate fresh action of recovery after following the principles of natural justice.

3.In the present case, no notice has been served upon the petitioners before initiating the order of recovery. The respondents are directed to issue appropriate notice to the respective petitioners before initiating order of recovery. 4.With the aforesaid directions, the Writ Petition is disposed of. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed. 27.11.2023 Index: Yes/No Speaking Order/Non-Speaking Order pam To 1.The Secretary, Government of Tamil Nadu, Rural Development Department, Fort St.George, Chennai - 600 009.

2.The District Collector, 5/6

K.KUMARESH BABU, J.

pam 27.11.2023 6/6