Dharmaraj K v. The District Collector / Inspector Of Panchayat

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD) No.11978 of 2023 K.Dharmaraj ... Petitioner -vs1.The District Collector / Inspector of Panchayat Virudhunagar District Virudhunagar 2.The Tahsildar Taluk Office Rajapalayam Taluk Virudhunagar District 3.The President / Executive Officer Puthur Panchayat Puthur, Rajapalayam Taluk Virudhunagar District ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorari to call for the records pertaining to the impugned notice dated 05.06.2023, passed by the third respondent, and to quash the same as arbitrary and illegal.

For Petitioner :

Mr.K.K.Udayakumar For Respondents :

Mr.V.Nirmal Kumar Government Advocate for R1 & R2 Mr.A.Baskaran Additional Government Pleader for R3

O R D E R

[Order of the Court was made by R.SUBRAMANIAN, J.] Mr.V.Nirmal Kumar, learned Government Advocate, takes notice for the respondents 1 & 2 and Mr.A.Baskaran, learned Additional Government Pleader, takes notice for the third respondent.

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

3. Challenge in this writ petition is to the eviction notice, dated 05.06.2023, issued by the President of Puthur Panchayat.

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 notice has been issued by the President of Puthur Village Panchayat directing eviction.

5. Hence, reserving liberty to the respondents to take appropriate action under the Tamil Nadu Land Encroachment Act, 1905, this writ petition is allowed and the impugned eviction notice, dated 05.06.2023, issued by the third respondent, is quashed. No costs. Consequently, connected miscellaneous petition is closed.

[R.S.M., J.] [L.V.G., J.] 15.06.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

1.The District Collector / Inspector of Panchayat, Virudhunagar District, Virudhunagar.

2.The Tahsildar, Taluk Office, Rajapalayam Taluk, Virudhunagar District.

3.The President / Executive Officer, Puthur Panchayat, Puthur, Rajapalayam Taluk, Virudhunagar District.

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

krk and W.M.P.(MD) No.11978 of 2023 15.06.2023