Vennila v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.07.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU and WMP Nos.17585 and 17588 of 2023 Vennila .. Petitioner -vs1.The District Collector, Ranipet, Ranipet District.

2. The Tahsildar, Walaja Taluk, Ranipet District.

3. The Village Administrative Officer, Walaja Taluk, Ranipet District.

4. The President, Kathiyadi Panchayat, Kathiyadi Village, Walaja Taluk, Ranipet District.

5. Kannammal .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus to call for the entire

records in pursuant to the Encroachment notice dated Nil issued by the 4th respondent and quash the same.

For the Petitioner :

Mr.M.Sathish Kumar For the Respondents :

Mr.K.Karthik Jagannath Government Advocate For RR 1 to 4 :

Mr.Silambu Selvan For R-5 * * * * *

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) We have heard Mr.M.Sathish Kumar, learned counsel for the petitioner and Mr.K.Karthik Jagannath, learned Government Advocate for the official respondents.

2. The petitioner has challenged the notice issued by the Panchayat President, the fourth respondent.

3. The learned Government Advocate submits that the impugned notice is the first notice issued under Section 131 of the Tamil Nadu Panchayats Act, 1994.

4. It is admitted that prior to the impugned order directing the petitioner to remove the belongings, no notice was issued to the petitioner. The impugned notice shall be construed as a show cause notice. The petitioner shall file a reply to the said show cause notice by 25.07.2023. Upon receipt of the reply from the petitioner, the authority shall take decision after considering the reply on its own merits and in accordance with law.

5. The further steps be taken after the decision is taken by the authority on receipt of the reply from the petitioner. The writ petition is, accordingly, disposed of. There will be no order as to costs. Consequently, connected miscellaneous petitions are closed.

(S.V.G., CJ.) (P.D.A., J.) 17.07.2023 Index : yes/no : Yes/No sra

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(sra) To:

1.The District Collector, Ranipet, Ranipet District.

2. The Tahsildar, Walaja Taluk, Ranipet District.

3. The Village Administrative Officer, Walaja Taluk, Ranipet District.

4. The President, Kathiyadi Panchayat, Kathiyadi Village, Walaja Taluk, Ranipet District.

17.07.2023