Thirupati v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.12.2019
CORAM
THE HONOURABLE MR.JUSTICE R.SUBBIAH AND THE HONOURABLE MR.JUSTICE R.PONGIAPPAN WRIT PETITION NO.34694 OF 2019 AND WMP.NO.35449 OF 2019
1. Thirupati
2. Poongodi
3. Chitra
4. Murugan
5. Povunambal
6. Devaki
7. Tamilselvi
8. Palaniammal
9. Raja 10.Venkatesan 11.Prema 12.P.Viruthambal 13.M.samburanam 14.Kuppusamy 15.Sundari 16.Manikandan 17.Rani 18.Ezhumalai
19.Rani W/o.Karunanithi 20.Thenmozhi 21.Lakshmi 22.Suresh 23.Shivashakthi 24.Manikandan 25.Muthu 26.Jyothi 27.Balu 28.Adhilakshmi 29.M.Shanthi 30.Amrithavalli 31.Suseela 32.Anushaya 33.Kolanji 34.Balaru 35.Balu ... Petitioners Vs
1. The District Collector, Office of the Collector, Kallakurichi District.
Kallakurichi.
2. Ulundurpet Town Panchayat, Rep.by Executive Officer, Ulundurpet, Kallakurichi District.
... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus forbearing the respondents 1 and 2 their men, agents, representatives from in any manner interfering with the peaceful living of the
petitioners in their houses at Ulundurpet pending disposal of the appeal submitted to the first respondent. For Petitioner : Mr.S.Saravana Kumar For Respondents : Mr.V.Shanmuga Sundar, Special Government Pleader for R1 Mr.V.Jayaprakash Narayanan Government Pleader R2
O R D E R
[Order of this Court was made by R.SUBBIAH, J] Petitioner has filed this Writ Petition seeking issuance of a Writ of Mandamus forbearing the respondents 1 and 2 their men, agents, representatives from in any manner interfering with the peaceful living of the petitioners in their houses at Ulundurpet pending disposal of the appeal submitted to the first respondent.
2. This writ petition has been filed challenging the notices issued under the Tamil Nadu Land Encroachment Act. When the matter is taken up for consideration, the learned Special Government Pleader appearing for the first respondent submitted that the Executive Officer, Ulundurpet Town Panchayat, Ulundurpet, Kallakurichi District is not the competent authority to issue notice under the Tamil Nadu Land Encroachment Act and the same will be withdrawn by the authority. On withdrawal fresh notice will be issued by the competent authority. Recording the said submission made by the learned Special Government Pleader, the writ petition is disposed of. No costs. Consequently connected miscellaneous petition is also closed. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar dpq To
1. The District Collector, Office of the Collector, Kallakurichi District.
Kallakurichi.
2. Ulundurpet Town Panchayat, Rep.by Executive Officer, Ulundurpet, Kallakurichi District.
+1cc to Mr.V.Jayaprakash Narayanan, Advocate, S.R.No.104093 +1cc to Mr.S.Saravana Kumar, Advocate, S.R.No.104112 Writ Petition No.34694 of 2019 and WMP.No.35449 of 2019 CP(CO) CS/19/12/2019