S.Sadayappan v. The Kollankovil Town Panchayat

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.04.2022 CORAM :

THE HON'BLE MR. JUSTICE M.DURAISWAMY AND THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI W.P.No.9377 of 2022 and W.M.P.No.9115 of 2022 S.Sadayappan ... Petitioner Vs.

1.The Kollankovil Town Panchayat rep by its Executive Officer, Kollankovil, Kodumudi Taluk, Erode District.

2.P.Gunasekaran ... Respondents Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus to call for the records relating to the impugned orders made in Na.Ka.No.333/2019 dated 28.02.2022 and Na.Ka.No.333/2019 dated 07.04.2022 issued by the 1st respondent under Sections 180 to 182 of the Tamil Nadu District Municipalities Act, 1920, quash the same and consequently forbear the 1st respondent from interfering with petitioner's peaceful possession and enjoyment of the house comprised in S.F.No.351, Kollankovil A Village, Kodumudi Taluk, Erode District.

For Petitioner : Mr.N.Manokaran For Respondents : Mr.P.Muthu Kumar, Government Pleader (R1)

O R D E R

(ORDER OF THE COURT WAS MADE BY M.DURAISWAMY, J.) The petitioner has filed the above Writ Petition to issue a Writ of Certiorarified Mandamus to call for the records relating https://hcservices.ecourts.gov.in/hcservices/

to the impugned orders dated 28.02.2022 and 07.04.2022 issued by the 1st respondent under Sections 180 to 182 of the Tamil Nadu District Municipalities Act, 1920 and to quash the same and to consequently forbear the 1st respondent from interfering with petitioner's peaceful possession and enjoyment of the house comprised in S.F.No.351, Kollankovil A Village, Kodumudi Taluk, Erode District.

2.Mr.N.Manokaran, learned counsel appearing for the petitioner submitted that the 1st respondent issued impugned notices for removing the encroachments made in various Survey Numbers including the Survey No.351. Further, the learned counsel submitted that the land in question (i.e.) Survey No.351 is the Natham Land, hence, the impugned orders are liable to be set aside.

3.Mr.P.Muthu Kumar, learned Government Pleader taking notice for the 1st respondent, on instructions, submitted that the 1st respondent is not going to take any action in respect of Survey No.351 and that the 1st respondent would take action only in respect of other Survey Numbers mentioned in the impugned orders.

4.Since the petitioner is concerned only with regard to the land in Survey No.351, recording the submissions made by the learned Government Pleader, we do not find any reason to keep the Writ Petition pending. Accordingly, the Writ Petition stands closed. No costs. Consequently, the connected miscellaneous petition is also closed.

SD/- ASSISTANT REGISTRAR // TRUE COPY // SUB ASSISTANT REGISTRAR va To The Executive Officer, Kollankovil Town Panchayat Kollankovil, Kodumudi Taluk, Erode District.

+1cc to Mr.N.Manokaran, Advocate Sr.25891 W.P.No.9377 of 2022 and W.M.P.No.9115 of 2022 rr[co] srg 22/04/2022 https://hcservices.ecourts.gov.in/hcservices/