Kumaraiah v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD) No.8560 of 2023 Kumaraiah ... Petitioner -vs1.The District Collector Office of the District Collector Dindigul District 2.The Tahsildar Vedasandoor Taluk Office Dindigul District 3.The Executive Officer Vadamadurai Town Panchayat Dindigul District 4.K.Thangamani ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorari to call for the records of the impugned notice issued by the third respondent in Na.Ka.No.46/2023, dated 22.03.2023 and quash the same as illegal and arbitrary.

For Petitioner :

Mr.V.Malaiyendran For Respondents :

Mr.V.Nirmal Kumar Government Advocate for R1 to R3 Mr.M.S.Suresh Kumar for R4

O R D E R

[Order of the Court was made by R.SUBRAMANIAN, J.] Challenge in this writ petition is to the order passed under Section 182 of the Tamil Nadu District Municipalities Act, 1920, by the Executive Authority of the Panchayat, seeking removal of the encroachment on the land, which is classified as "Road".

2. Though the learned counsel for the petitioner would attempt to argue that the Executive Authority of the Panchayat has no power, since the area in question is part of the Town Panchayat to which the District Municipalities Act would apply, the Executive Authority derives the power from Section 182 of the said enactment.

3. Once it is found that the offending construction (Vinayagar Temple) is situate in the land classified as "Road", we do not think that we can

entertain this writ petition in order to permit the encroachment over the land classified as "Road". Hence, we do not see any merit in this writ petition and the same is, therefore, dismissed. No costs. Consequently, connected miscellaneous petition is closed.

[R.S.M., J.] [L.V.G., J.] 02.06.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

1.The District Collector, Office of the District Collector, Dindigul District.

2.The Tahsildar, Vedasandoor Taluk Office, Dindigul District.

3.The Executive Officer, Vadamadurai Town Panchayat, Dindigul District.

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

krk and W.M.P.(MD) No.8560 of 2023 02.06.2023