N.Paramasivan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.09.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR and THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.(MD) No.18070 of 2023 N.Paramasivan ... Petitioner -vs1.The District Collector District Collector Office Tenkasi District 2.The Revenue Divisional Officer Revenue Divisional Office Tenkasi District 3.The Thasildar Taluk Office Sankarankoil Tenkasi District 4.The Surveyor Survey Department Taluk Office Kadaiyanallur Tenkasi District

5.The Block Development Officer Block Development Office Melaneelithanallur Union Sankarankoil Taluk Tenkasi District 6.The Village Panchayath President Sernthamangalam Majara Village Panchayath Kadaiyanallur Taluk Tenkasi District 7.Iyyendera Rajan ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus to call for the records pertaining to the impugned eviction notice dated 17.08.2023 issued by the sixth respondent and quash the same as illegal and consequently directing the respondents following the due process of law.

For Petitioner :

Mr.R.Mathava Selvam For Respondents :

Mr.M.Lingadurai Special Government Pleader for R1 to R4 Mr.D.Sachi Kumar Additional Government Pleader for R5 & R6

O R D E R

[Order of the Court was made by S.S.SUNDAR, J.] Mr.M.Lingadurai, learned Special Government Pleader, takes notice for the respondents 1 to 4 and Mr.D.Sachi Kumar, learned Additional Government Pleader, takes notice for the respondents 5 & 6.

2. Since we are not passing any adverse orders, notice to the seventh respondent is dispensed with

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

4. This writ petition is filed challenging the order, which is one purported to have been passed under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 (for brevity, "the Act"). However, the impugned order is passed by the President of a Village Panchayat, though he has no power or jurisdiction under the provisions of the Act to remove encroachments.

5. Hence, this writ petition is allowed and the impugned order dated 17.08.2023, passed by the sixth respondent, is quashed, on the sole ground that the impugned order is passed without jurisdiction or competency. However, it is open to the revenue officials to remove encroachments, in case any encroachment is found in the public property, in the manner known to law. No costs. Consequently, connected miscellaneous petition is closed. [S.S.S.R., J.] [D.B.C., J.] 05.09.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

1.The District Collector, District Collector Office, Tenkasi District.

2.The Revenue Divisional Officer, Revenue Divisional Office, Tenkasi District.

3.The Thasildar, Taluk Office, Sankarankoil, Tenkasi District.

4.The Surveyor, Survey Department Taluk Office, Kadaiyanallur, Tenkasi District.

5.The Block Development Officer, Block Development Office, Melaneelithanallur Union, Sankarankoil Taluk, Tenkasi District.

6.The Village Panchayath President, Sernthamangalam Majara, Village Panchayath, Kadaiyanallur Taluk, Tenkasi District.

S.S.SUNDAR , J.

and D.BHARATHA CHAKRAVARTHY , J.

krk and W.M.P.(MD) No.18070 of 2023 05.09.2023