Madras High CourtWP(MD)/10350/2023disposed of

Sakthi Ganesan.C v. The Akkaraipatti Village Panchayat

2023-04-27Honourable Mr Justice R. Subramanian,Honourable Mrs Justice L.Victoria Gowri4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD) Nos.9184 & 9185 of 2023 C.Sakthi Ganesan ... Petitioner -vsThe Akkaraipatti Village Panchayat rep.by its Panchayat President Aathur Panchayat Union Aathur Taluk, Dindigul District ... Respondent PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus calling for the records relating to the proceedings of the impugned notice in Na.Ka.No.202/2020/B6, dated 21.02.2023 and the consequent undated notice on the file of the respondent and to quash the same.

For Petitioner :

Mr.I.Robert Chandrakumar For Respondent :

Mr.A.Baskaran Additional Government Pleader

O R D E R

[Order of the Court was made by R.SUBRAMANIAN, J.] Challenge in this writ petition is to the notice, dated 21.02.2023, issued by the respondent seeking the petitioner to remove the encroachment made by him in the land that is classified as "Lane"

2. Mr.A.Baskaran, learned Additional Government Pleader, takes notice for the respondent.

3. With the consent of both sides, this writ petition is taken up for final hearing at the admission stage itself.

4. We have already held that the Panchayat President has no power to direct eviction under Section 131(2) of the Tamil Nadu Panchayats Act, 1994. The impugned order has been passed by the President of

Akkaraipatti Village Panchayat directing eviction. The same is in contravention of the order of this Court dated 28.03.2023 passed in W.P.(MD) No.6676 of 2023 etc. batch.

5. Hence, reserving liberty to the respondent to approach the revenue authorities to take appropriate action under the Tamil Nadu Land Encroachment Act, 1905, this writ petition is allowed and the impugned eviction order, dated 21.02.2023, passed by the respondent, is quashed. No costs. Consequently, connected miscellaneous petitions are closed. [R.S.M., J.] [L.V.G., J.] 27.04.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

The Panchayat President, Akkaraipatti Village Panchayat, Aathur Panchayat Union, Aathur Taluk, Dindigul District.

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

krk and W.M.P.(MD) Nos.9184 & 9185 of 2023 27.04.2023