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Madras High CourtREV.APLW(MD)/126/2023disposed of

Kanagaraj .R v. The President

2025-04-02Honourable Mrs Justice J. Nisha Banu,Honourable Mrs Justice L.Victoria Gowri4 pages

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.126 of 2023 and W.M.P.(MD)No.14464 of 2023 1.R.Kanagaraj 2.K.Annalakshmi ... Petitioners -Vs1.The President, Dharmapuri Village Panchayat, Theni Panchayat Union, Theni District.

2.The Tahsildar, Theni District.

... Respondents (R2 is suo motu impleaded vide Court dated 02.04.2025) 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.12064 of 2023. For Petitioners : Mr.R.Suriyanarayanan For Respondents : Mrs.D.Farjana Ghoushia, Special 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.12064 of 2023.

2.The said Writ Petition is filed challenging the eviction notice dated 09.05.2023 issued by the respondent / President of Dharmapuri Village Panchayat, which was dismissed by the Division Bench of this Court, vide order dated 17.05.2023, stating that the land in Survey No.155 has been classified as "Anadheenam". Now, the writ petitioners have filed this Review Application to review the said order on the ground that the the respondent / President of Dharmapuri Village Panchayat is not a competent authority to issue the eviction notice dated 09.05.2023 and the Tahsildar is only the competent authority to initiate eviction proceedings.

3.In such view of the matter, the Tahsildar, Theni District is suo motu impleaded as 2nd respondent and the 2nd respondent is directed to initiate eviction process and remove the encroachment by following due process of law.

4.With the above direction, this Review Application is disposed of. No costs. Consequently, connected miscellaneous petition is closed. [J.N.B., J.] & [L.V.G., J.] 02.04.2025 NCC : Yes / No Index : Yes / No Yuva To 1.The President, Dharmapuri Village Panchayat, Theni Panchayat Union, Theni District.

2.The Tahsildar, Theni District.

J.NISHA BANU, J.

AND L.VICTORIA GOWRI , J.

Yuva REV.APLW.(MD)No.126 of 2023 02.04.2025