Dhanalakshmi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.12.2020

CORAM

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN AND THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P.(MD)No.15058 of 2020 Dhanalakshmi ... Petitioner Vs.

1.The District Collector, Office of the District Collector, Trichy.

2.The Tahsildar, Thiruverumbur Taluk, 3.The Block Development Office, Office of the Block Development Office, Panchayat Union Office, Thiruverumbur, Trichy District.

4.The President, Kiliyur Village Panchayat, Kiliyur, ... 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 issued by the fourth respondent dated Nil, under Section 6 of the Tamil Nadu Land Encroachment Act, 1906 and quash the same as illegal and unconstitutional. For Petitioner : Mr.B.Jameel Arasu For Respondents : Mr.K.MU.Muthu Additional Government Pleader for R.1 and R.2 : Mr.A.Muthukaruppan Additional Government Pleader for R.3 and R.4

ORDER

(Order of the Court was made by N.KIRUBAKARAN,J) The petitioner has challenged the impugned notice issued under Section 6 of the Land Encroachment Act, by the fourth respondent, stating that the petitioner has encroached upon the 1/3

pathway and constructed a house and wash room.

2. Heard Mr.B.Jameel Arasu, learned Counsel appearing for the petitioner, Mr.K.MU.Muthu, learned Additional Government Pleader appearing for the respondents 1 and 2 and Mr.A.Muthukaruppan, learned Additional Government Pleader appearing for the respondents 3 and 4 and perused the materials placed on record.

3. The fourth respondent has got no jurisdiction to invoke the Land Encroachment Act and therefore, the impugned order is liable to tbe set aside and accordingly, the same is set aside. However, it is made clear that the fourth respondent is entitled to invoke the Panchayat Act and follow due process of law, if the petitioner has encroached upon the public property or pathway and proceed with the matter.

4. With the above observations, this Writ Petition is allowed. No costs. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS) SSL Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The District Collector, Office of the District Collector, Trichy.

2.The Tahsildar, Thiruverumbur Taluk, 3.The Block Development Office, Office of the Block Development Office, Panchayat Union Office, 2/3

4.The President, Kiliyur Village Panchayat, Kiliyur, +1 CC to M/s.SPL GP ( SR-25412[F] dated 14/12/2020 ) 10.12.2020 SSS(CO) KB(22.12.2020) 3P 6C 3/3