Katrani P v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P (MD) Nos.10765 and 10766 of 2023 P.Katrani ... Petitioner -vs1. The District Collector, Theni, Theni District.

2. The Block Development Officer, Periyakulam Panchayat Union, Theni District.

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

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

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 not to take any eviction proceeding based on the petitioners representation dated 03.04.2023. For Petitioner :

Mr.C.Ezhilarasu For Respondents :

Mr.S.P.Maharajan, Special Government Pleader for R1 Mr.V.Nirmal Kumar, Government Advocate for R2 to R4

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 seventh respondent and Mr.V.Nirmal Kumar, learned Government Advocate, takes notice for respondents 2 to 4.

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

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

4. The petitioner's challenge is to the eviction notice issued by the President of Keela Vadakarai Village Panchayat. A similar notice dated 15.04.2023 issued by the same President was quashed by us in W.P.(MD) No. 9502 of 2023.

5. Mr.V.Nirmal Kumar, learned Government Advocate appearing for respondents 2 to 4 would submit that after the aforesaid order, the President has already addressed the Revenue Department for eviction of encroachers. Hence, we see no reason to entertain this writ petition. Therefore, the writ petition is disposed of as unnecessary. No costs. Consequently, the connected miscellaneous petitions are closed.

[R.S.M., J.] [L.V.G., J.] 01.06.2023 NCC : No Index : No Internet : Yes PKN

To:

1. The District Collector, Theni, Theni District.

2. The Block Development Officer, Periyakulam Panchayat Union, Theni District.

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

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

R.SUBRAMANIAN , J.

AND L.VICTORIA GOWRI , J.

PKN 01.06.2023