Madras High CourtWP(MD)/3597/2024disposed of

Bakiyam v. The District Collector

2024-02-20Honourable Mr Justice G.R.Swaminathan,Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.02.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P.(MD)Nos.3550, 3551 and 3552 of 2024 1.Bakiyam 2.Kannathal 3.Selvi 4.Thirumangai ... Petitioners Vs.

1.The District Collector, Sivagangai Taluk, 2.The Tahsildhar, Sivagangai Taluk, 3.The Block Development Officer, Kalayarkovil Panchayat Union, 4.The Panchayat President, Surakkulam Village Panchayat, ... Respondents 1/4

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned orders passed by the 4th respondent in Na.Ka.Su.U.010/2023 dated 24.01.2024 and quash the same and consequently forbear the 1 to 4 respondents from evicting the petitioners from the house situated in S.No.130/47, 130/48, 130/49 and 130/50 at Surakkulam, Sivagangai District.

For Petitioners : Mr.K.Navaneetharaja For Respondents : Mr.K.Balasubramani, Spl. Government Pleader.

ORDER

Heard both sides.

2.The petitioners challenge the impugned communication issued by the president of the local body. We have been consistently holding that the president of the local body can very well issue notice under Section 131 of the Tamil Nadu Panchayats Act, 1994 calling upon an encroacher to remove the encroachment. But then, the president cannot himself or herself physically cause removal of the encroachment. That 2/4

can be done only by the revenue authority. The revenue authority in turn has to follow the procedure set out in Tamil Nadu Land Encroachment Act, 1905. That means that notice under Section 7 of the Act has to be issued before passing final order under Section 6 of the Act. The petitioners can very well place all their contentions, objections and defences in response to Section 7 notice.

3.Leaving open all the defences of the petitioners and with the aforesaid clarification, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. (G.R.S.J.,) & (B.P.J.,) 20.02.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- 1.The District Collector, Sivagangai Taluk, 2.The Tahsildhar, Sivagangai Taluk, 3/4

G.R.SWAMINATHAN, J.

and B.PUGALENDHI, J.

ias 3.The Block Development Officer, Kalayarkovil Panchayat Union, 4.The Panchayat President, Surakkulam Village Panchayat, 20.02.2024 (2/2) 4/4