Sevandhi M 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) Nos.10811 and 10812 of 2023 M.Sevandhi ... Petitioner -vs1. The District Collector, Theni, Theni District.

2. The Block Development Officer, Periyakulam Panchayat Union,

3. The President, Keela Vadakarai Village Panchayat, Periyakulam Panchayat Union,

4. The Inspector of Police, Vadakarai Police Station, Periyakulam,

5. Sivakumar ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records relating to the impugned eviction order passed by the 3rd respondent dated 15.04.2023, quash the same and consequently direct the respondents 1 to 4 not to take any eviction proceeding based on the petitioners representation dated 03.04.2023. For Petitioner :

Mr.B.Chakaravarthi for Mr.C.Ezhilarasu For Respondents :

Mr.S.P.Maharajan Special Government Pleader for R1 & R4 Mr.A.Baskaran Additional Government Pleader for R2 & R3

O R D E R

[Order of the Court was made by R.SUBRAMANIAN, J.] Mr.S.P.Maharajan, learned Special Government Pleader, takes notice for the respondents 1 and 4 and Mr.A.Baskaran, learned Additional Government Pleader, takes notice for the respondents 2 and 3.

2. Considering the nature of the relief, notice to the private respondent is deemed unnecessary.

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

4. Challenge in this writ petition is to the notice, dated 15.04.2023, issued by the third respondent seeking the petitioner to remove the encroachment made by him by running a petty shop at the parking area of Kumbakarai Waterfalls.

5. 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 Neikulam 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.

6. Hence, reserving liberty to the official respondents to take appropriate action under the Tamil Nadu Land Encroachment Act, 1905, this writ petition is allowed and the impugned eviction order, dated 15.04.2023, passed by the third respondent, is quashed. No costs. Consequently, connected miscellaneous petitions are closed.

[R.S.M., J.] [L.V.G., J.] 02.06.2023 NCC : No Index : No Internet : Yes PKN To

1. The District Collector, Theni, Theni District.

2. The Block Development Officer, Periyakulam Panchayat Union,

3. The President, Keela Vadakarai Village Panchayat, Periyakulam Panchayat Union,

4. The Inspector of Police, Vadakarai Police Station, Periyakulam,

R.SUBRAMANIAN , J.

AND L.VICTORIA GOWRI , J.

PKN 02.06.2023