Kattabomman v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.04.2025

CORAM

THE HONOURABLE MR.JUSTICE P.DHANABAL and W.M.P(MD) No.8275 and 8277 of 2025 Kattabomman ... Petitioner Vs.

1. The District Collector, Tenkasi, Tenkasi District.

2. The Inspector of Police, Kuruvikulam Police Station, Tenkasi District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Certiorarified Mandamus, calling for the records of the impugned notice issued by the 2nd respondent dated 06.04.2025 and quash the same as illegal and consequently forbear the 2nd respondent from removing "Veerapandiya Kattabomman Ninaivu Arakkattalai Oomaithurai Thondarpadai" board installed in the patta land in Survey No.765/11, Avanikonendal village, Thiruvengadam taluk, Tenkasi District.

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For Petitioner : Mr. R.J.Karthick For R1 : Mr.M.Senthil Ayyanar Government Advocate For R2 : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl. Side)

O R D E R

This writ petition has been filed by the petitioner to quash the impugned notice issued by the 2nd respondent dated 06.04.2025 and consequently forbear the 2nd respondent from removing "Veerapandiya Kattabomman Ninaivu Arakkattalai Oomaithurai Thondarpadai" board installed in the patta land in Survey No.765/11, Avanikonendal village, Thiruvengadam Taluk, Tenkasi District.

2. According to the petitioner, he installed a board in his patta land in Survey No.765/11, Avanikonendal village, Thiruvengadam Taluk, Tenkasi District. While so, the 2nd respondent has issued notice to remove the board and flag, otherwise, they will remove same through the revenue authorities. Since the board was installed in the patta land, the respondents has no authority to remove the board. To that effect, the learned counsel has also relied upon the judgment of this Court in W.A. Page No. 2 of 5

(MD) No.1386 of 2022 dated 28.02.2025.

3. The learned Government Advocate appearing for the 1st respondent would submit that earlier the petitioner installed the board partly in the Government poramboke land and partly in the private land. Now he has installed the board in the patta land.

4. The learned Additional Public Prosecutor (Criminal Side) appearing for the 2nd respondent since the board was installed in the poramboke land, they issued notice, now they removed the board and installed in the patta land. Therefore, they have not taken any further action for installing the said board.

5. Recording the above said submissions and the notice was issued for the board which was installed in the poramboke land, and now the board was removed and installed in the patta land and the issue of summon itself become infructuous. Therefore, no further order is required to be passed in respect of quashing of summon. It is needless to mention that if the board is installed in the patta land, the respondent has to follow the judgment of this Court as indicated above. Page No. 3 of 5

6. With the above said observation, this writ petition is disposed of. Consequently, connected writ miscellaneous petition are closed. 22.04.2025 Internet :Yes Index :Yes/No NCC :Yes/No Mac To

1. 1. The District Collector, Tenkasi, Tenkasi District.

2. The Inspector of Police, Kuruvikulam Police Station, Tenkasi District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai Page No. 4 of 5

P.DHANABAL, J.

Mac .

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