Yogarajan v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD) No.8499 of 2023 Yogarajan ... Petitioner -vs1. The Tahsildar, Madurai East Taluk, Madurai District.

2. The President, Ilangiyenthal Village Panchayat, Puduthamaraipatti Post, Madurai District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus calling for records pertaining to the impugned order dated nil and subsequent impugned order dated 15.04.2023 of the second respondent and quash the same and consequentially forbear the respondents from interfering with the peaceful possession and enjoyment of the house of the

petitioner situated in S.No.73/35, Ilangiyenthal Village. For Petitioner :

Mr.J.Anandkumar For Respondents :

Mr.S.P.Maharajan Special Government Pleader for R1 Mr.A.Baskaran Additional Government Pleader for R2

O R D E R

[Order of the Court was made by R.SUBRAMANIAN, J.] The petitioner's challenge is to the notice issued by the President of the Village Panchayat under Section 131(2) of the Tamil Nadu Panchayats Act, 1994, seeking for removal of encroachment.

2. Learned counsel for the petitioner would submit that there is no encroachment and that the building is within Survey No.73/35 which is classified as 'Natham' and a patta has also been issued to him under the 'Natham Land Revenue Scheme' as early as on 22.02.1994. In any event, we have already held that the President of the Village Panchayat does not have powers to remove encroachment. He can only do so pursuant to the general or special order passed

by the Government or by invoking the machinery under the Tamil Nadu Land Encroachment Act, 1905, through the Revenue Department.

3. Hence, this writ petition stands allowed and the impugned notice is quashed. It is open to the President of the Village Panchayat to conduct a proper survey, ascertain the encroachment and move the Tahsildar for eviction under the Tamil Nadu Land Encroachment Act, 1905 if it is found that there is encroachment. No costs. Consequently, connected miscellaneous petition is closed.

[R.S.M., J.] [L.V.G., J.] 21.04.2023 NCC : No Index : No Internet : Yes PKN To:

1. The Tahsildar, Madurai East Taluk, Madurai District.

2. The President, Ilangiyenthal Village Panchayat, Puduthamaraipatti Post, Madurai District.

R.SUBRAMANIAN , J.

AND L.VICTORIA GOWRI , J.

PKN 21.04.2023