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Madras High CourtWA(MD)/1907/2023allowed remanded

P. Malliga, v. District Collector,

2023-10-26Honourable Mr Justice G.R.Swaminathan,Honourable Mr. Justice P.Dhanabal4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.10.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE P.DHANABAL and C.M.P.(MD)Nos.14661 & 14662 of 2023 P.Malliga : Appellant Vs.

1.District Collector, Dindigul District.

2.The B.D.O/Commissioner, Panchayat Union, Kodaikanal, Dindigul District.

3.The Inspector of Police, Thandikuudi Police Station, Kodaikanal Taluk, Thandikudi.

: Respondents PRAYER: Writ Appeal filed under clause 15 of the Letters Patent praying to set aside the order passed in W.P.(MD)No.15455 of 2022 dated 12.09.2023.

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For Appellant : Mr.K.Prabakaran for M/s.K.P.S.Law Associates.

For Respondents : Mr.S.Shaji Bino, Spl. Govt. Pleader

JUDGMENT

Heard both sides.

2. The appellant was inducted as a lessee by the second respondent. She has filed a Writ Petition seeking extension of her lease in terms of G.O.Ms.No.92 (Municiplaity - Local Administration, dated 03.07.2007), dated 03.07.2007. The Writ petition was dismissed by invoking Tamil Nadu Urban Local Bodies Rules, 2023. The merits of the case were not gone into. Questioning the dismissal order dated 12.09.2023, the present intra-Court appeal has been filed.

3. As rightly pointed out by the learned counsel appearing for the appellant, Tamil Nadu Urban Local Bodies Rules will apply to Town Panchayats, Municipal Councils and Municipal Corporations in the State of Tamil Nadu. The subject matter pertains to a Panchayat Union. Tamil Nadu Urban Local Bodies Rules will not apply to a Panchayat Union. 2/4

4. In this view of the matter, the order impugned in the Writ Appeal is set aside and the matter is remitted to the file of the learned Single Judge. No costs. Consequently, connected miscellaneous petitions are closed.

[G.R.S.,J.] & [P.D.B.,J.] 26.10.2023 Index : Yes/No Internet : Yes/No vsm To 1.District Collector, Dindigul District.

2.The B.D.O/Commissioner, Panchayat Union, Kodaikanal, Dindigul District.

3.The Inspector of Police, Thandikuudi Police Station, Kodaikanal Taluk, Thandikudi.

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G.R.SWAMINATHAN, J.

and P.DHANABAL, J.

vsm ORDER MADE IN 26.10.2023 4/4