Sangeetha .K v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.04.2025

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI REV.APLW.(MD)No.101 of 2023 and W.M.P.(MD)Nos.11803 & 11806 of 2023 K.Sangeetha ... Petitioner -Vs1.The District Collector, Dindigul, Dindigul District.

2.The Tahsildar, Natham Taluk, Dindigul District.

3.The Block Development Officer, Block Development Office, Natham, Dindigul District.

4.The President, Punnapatti Panchayat, Natham Panchayat Union, Dindigul District.

... Respondents PRAYER: Application filed under Order 47 Rule 1 r/w 114 of C.P.C., praying this Court to review the order dated 17.05.2023 made in W.P.(MD)No.12070 of 2023.

For Petitioner : Mr.T.Lajapathi Roy, Senior Counsel, for M/s.Lajapathi Roy and Associates For Respondents : Mr.M.Sarangan, Additional Government Pleader

ORDER

[Order of the Court was made by J.NISHA BANU, J.] This Review Application is filed to review the order dated 17.05.2023 made in W.P.(MD)No.12070 of 2023.

2.The said Writ Petition is filed challenging the eviction notice dated 29.04.2023 issued by the 4th respondent / President of Punnapatti Panchayat. At the time of hearing, it was brought to the notice of this Court that one V.Lakhsmipathiraj has filed W.P.(MD)No.12733 of 2021, wherein this Court, vide order dated 27.07.2021, directed the Tahsildar, Natham, Dindigul District to remove the encroachment, after issuing show cause notice to the encroachers, since the land in Survey No.219 has been classified as "Kulam". Pursuant to the said direction, the eviction notice dated 29.04.2023 was issued. Therefore, the Division Bench of this Court, vide order dated 17.05.2023, dismissed the said

Writ Petition in W.P.(MD)No.12070 of 2023. Now, the writ petitioner has filed this Review Application to review the said order on the ground that the the 4th respondent is not a competent authority to issue the eviction notice dated 29.04.2023 and the 2nd respondent is only the competent authority. 3.In such view of the matter, this Review Application is disposed of with a direction to the 2nd respondent / Tahsildar, Natham Taluk, Dindigul District to initiate eviction process and remove the encroachment by following due process of law. No costs. Consequently, connected miscellaneous petitions are closed.

[J.N.B., J.] & [L.V.G., J.] 02.04.2025 NCC : Yes / No Index : Yes / No Yuva To 1.The District Collector, Dindigul, Dindigul District.

2.The Tahsildar, Natham Taluk, Dindigul District.

3.The Block Development Officer, Block Development Office, Natham, Dindigul District.

4.The President, Punnapatti Panchayat, Natham Panchayat Union, Dindigul District.

J.NISHA BANU, J.

AND L.VICTORIA GOWRI , J.

Yuva REV.APLW.(MD)No.101 of 2023 02.04.2025