Subbaiyan.R v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :24.04.2023 CORAM :

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P(MD)No.8678 of 2023 Subbaiyan ... Petitioner vs.

1. The District Collector, O/o. the District Collector,

2. The Block Development Officer, (BDO) Theni Block Development Office,

3. The Block Development Officer, (BDO), Village & Panchayat, Theni Block Development Office,

4. The Panchayat President, Theni District

5. The Panchayat Secretary, 1/6

6. The Tahsildar, Theni Tahsildar Office,

7. The Head Surveyor, Theni Tasildar Office,

8. The Surveyor, Theni Tahsildar Office,

9. The Village Administrative Officer (VAO), Seelaiyampatti,

10. The Superintendent of Police,

11. The Inspector of Police Chinnamanur Police Station, Chinnamanur, ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorari, to call for the records of the Impugned Notice dated 13.04.2023 issued by the 4th Respondent and quash the same as illegal. For Petitioner : Mr.R.Sundar For Respondents : Mr.P.T.Thiraviyam Government Advocate 2/6

ORDER

(Order of the Court was made by R.SUBRAMANIAN, J.) The impugned eviction notice has been issued by the Panchayat President, Seelaiyampatti Village, Theni District. Under Section 131(2) of the Tamil Nadu Panchayats Act, 1994, the Panchayat President has no power to remove a encroachment and he can only call upon the encroacher to remove the encroachment, failing which, he can address the Revenue Tahsildar concerned for removal of such encroachment under the Tamil Nadu Land Encroachment Act, 1905.

2.

Hence, the Writ Petition is allowed and the impugned notice is quashed. However, it will be open to the respondents to proceed as per law for eviction of the encroachment. No costs. Connected miscellaneous petition is closed.

(R.SUBRAMANIAN, J.) & (L.VICTORIA GOWRI, J.) 24.04.2023 Index : Yes / No Internet : Yes bala 3/6

To

1. The District Collector, O/o. the District Collector,

2. The Block Development Officer, (BDO) Theni Block Development Office,

3. The Block Development Officer, (BDO), Village & Panchayat, Theni Block Development Office,

4. The Panchayat President, Theni District

5. The Panchayat Secretary,

6. The Tahsildar, Theni Tahsildar Office,

7. The Head Surveyor, Theni Tasildar Office,

8. The Surveyor, Theni Tahsildar Office,

9. The Village Administrative Officer (VAO), Seelaiyampatti, 4/6

10. The Superintendent of Police,

11. The Inspector of Police Chinnamanur Police Station, Chinnamanur, 5/6

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

bala ORDER MADE IN DATED : 24.04.2023 6/6