Sivakumar.C v. The Block Development Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.12.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and W.M.P.(MD) No.16456 of 2021 C.Sivakumar ... Petitioner -vs1.The Block Development Officer Panchayat Union Thiruverumpur Trichirappalli District 2.The Thasildar Thiruverumpur Trichirappalli District 3.N.Rajalakshmi 4.The President Gundur Panchayat Thiruverumbur Panchayat Union Trichy District ... Respondents [R4 is impleaded vide Court Order dated 01.09.2023 in W.M.P.(MD) No.16438 of 2023]

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus calling for the records pertaining to the impugned proceedings issued under Sections 131(2) and 222 of Tamil Nadu Panchayat Act in Na.Ka.No.B2/1137/2018, dated 18.10.2021, by the first respondent directing the petitioner to remove the encroachment made in Old Survey No.35/7, new Survey Nos.444/14, 444/21 at Kundoor Village, Thiruverumbur Panchayat Union, Trichy and quash the same as illegal. For Petitioner :

Mr.F.Deepak For Respondents :

Mr.T.Amjad Khan Government Advocate for R1 & R2 Mr.M.P.Senthil for R3 Mr.AN.Ramanathan for R4

O R D E R

[Order of the Court was made by S.M.SUBRAMANIAM, J.] The notice, dated 18.10.2021, issued by the Block Development Officer/ first respondent, under Sections 131(2) and 222 of Tamil Nadu Panchayats Act, 1994, is under challenge in this writ petition.

2. The main ground raised by the petitioner is that the Block Development Officer is not the competent authority to evict encroachments.

3. In view of the said ground, we are inclined to convert the impugned notice dated 18.10.2021, issued by the first respondent, as a report, which is directed to be forwarded to the Tahsildar / second respondent, who in turn shall initiate eviction proceedings under the relevant provisions of the Act, by affording an opportunity to the alleged encroachers and by following due process of law. Such an exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order.

4. With the above direction, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. [S.M.S., J.] [V.L.N., J.] 13.12.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk

To:

1.The Block Development Officer, Panchayat Union, Thiruverumpur, Trichirappalli District.

2.The Thasildar, Thiruverumpur, Trichirappalli District.

S.M.SUBRAMANIAM, J.

and V.

LAKSHMINARAYANAN , J.

krk and W.M.P.(MD) No.16456 of 2021 13.12.2023