P.Pasumpon v. The Executive Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.04.2025

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN AND THE HON'BLE MS JUSTICE R.POORNIMA W.P(MD)No.10608 of 2025 W.M.P(MD)Nos.7908 and 7909 of 2025 P.Pasumpon ... Petitioner .Vs.

The Executive Officer, Sethur SelectionGrade Town Panchayat, Virudhunagar District.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issuea Writ of Certiorari calling for the records relating to the impugned proceedings of the respondent in Na.Ka.No.32/2025, dated 2.4.2025 and to quash the same.

For Petitioner : Mr.M.P.Senthil For Respondent : Mrs.D.Farjana Ghousia Special Government Pleader

O R D E R

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DR.G.JAYACHANDRAN., J AND R.POORNIMA.,J This Writ of Certiorari is filed immediately on receiving the notice under Section 128 of the Tamil Nadu Urban Local Bodies Act, 2022.

2.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 3.The learned Special Government Pleader appearing for the respondent states that already the Petitioner who had encroached the pathway, was removed following due process of law and after removal, he has again encroached the land and hence, the impugned notice , dated 2.4.2024 was issued.

4.The learned counsel for the Petitioner states that he may be given an opportunity to give his representation and thereafter, the impugned order be acted upon.

5.This Court finds no merit in his request, since notice, dated 2.4.2025 had provided him 7 days time to remove the encroachment and if he had any reason to justify his occupation, it 2/4

should have been done soon after the receipt of notice. 6.For the reasons aforesaid, the Writ Petition stands dismissed. No costs. Consequently, connected Miscellaneous Petitions are closed.

[G.J.,J.] [R.P.,J.] 16.04.2025 NCS : Yes/No Index : Yes / No Internet : Yes / No vsn To The Executive Officer, Sethur SelectionGrade Town Panchayat, Virudhunagar District.

DR.G.JAYACHANDRAN, J.

R.POORNIMA ,J.

vsn 3/4

ORDER MADE IN W.P(MD)No.10608 of 2025 W.M.P(MD)Nos.7908 and 7909 of 2025 16.04.2025 4/4