A. Thavasimuthu v. S. Paramasiva Iyyappan

THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MRS. JUSTICE L. VICTORIA GOWRI W.M.P(MD).No. 21467 of 2024 1.A.Thavasimuthu 2.Y.Sathya 3.M.Yoven Edwin ...Review petitioners Vs.

1.S.Paramasiva Iyyappan 2.The District Collector / Monitoring Committee, 3.The Tahsildar, Palayamkottai Taluk, 4.The Block Development Officer, (Village Panchayat), Palayamkottai Taluk, 5.The President, Munneerpalam Village Panchayat, 1/5

6.The Member Secretary / Joint Director, Local Planning Authority,

...Respondents

Prayer: Review Petition filed under Order 47, Rule 1 & 2 r/w. 114 C.P.C., seeking to review the order dated 19.08.2024 passed in W.P.(MD).No. 19065 of 2024.

For Review Petitioner : Mr.Charles Kamalesh M Appaji For Respondents : Mr.S.P.Maharajan Special Government Pleader

O R D E R

(Order of the Court was made by R.SUBRAMANIAN, J.) The petitioners seek review of the order made in W.P.(MD)No.19065 of 2024.

2. It is the contention of the petitioners that the land in question is not classified either as park or children's play area but, the land in question belongs to them as their Patta land. In the order, which is sought to be reviewed, we had only directed the respondents to take steps to remove the encroachments. The respondents will necessarily follow the procedure prescribed under the Land Encroachment Act, while removing the encroachments. It will be open to the petitioners to satisfy the respondents 2/5

that these lands are not reserved as park or children's play area.

3. It is also stated that a suit filed by the 1st petitioner seeking declaration of title has been dismissed and an appeal is pending. It will also be open to the petitioners to move the appellate Court seeking appropriate protection. The Appellate Court, if moved, will consider the case on its own merits without being influenced any of the observations made in the order dated 19.08.2024 made in W.P.(MD).No.19065 of 2024.

4. This review application is disposed of with the above observations. Consequently, connected miscellaneous petition is closed. (R.S.M., J.) (L.V.G., J.) 20.01.2025 kkn Index: Yes / No Speaking order / Non-speaking order To:

1.The District Collector / Monitoring Committee, 3/5

2.The Tahsildar, Palayamkottai Taluk, 3.The Block Development Officer, (Village Panchayat), Palayamkottai Taluk, 4.The President, Munneerpalam Village Panchayat, 5.The Member Secretary / Joint Director, Local Planning Authority, R.SUBRAMANIAN, J.

L.VICTORIA GOWRI, J.

KKN 4/5

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