Rengasamy v. The District Collector

ORDER (Order of the Court was made by R.SUBRAMANIAN, J.) Challenge is to the notice issued by the President, Puliyampatti Panchayat, to the petitioner informing him that a survey will be conducted to identify the alleged encroachment made by the petitioner in Survey No.431/8 which has been classified as street. The said letter also warns the petitioner that the encroachment, if any, would be removed with the help of the police.

¶2Heard Mr.V.Nirmal Kumar, learned Government Advocate appearing for the respondents.

¶3It is clear that the second part of the notice which threatens removal of encroachment with the help of the police is in excess of the authority of the President of the Panchayat. Under Section 131(2) of the Tamil Nadu Panchayats Act, 1994, the Panchayat President has no power to remove a encroachment and he can only address the Revenue Tahsildar for removal of encroachment under the Tamil Nadu Land Encroachment Act, 1905.

¶4In view of the same, the latter part of the notice, namely, ''md;iwa jpdk; Mf;fpukpg;g[ ,Ug;gJ fz;lwpag;god; fhty;Jiwapd; xj;JiHg;g[ld; Mf;fpukpg;g[ mfw;wk; bra;ag;gLk; vdj; bjhptpf;fg;gLfpwJ.'' is set aside. The respondents are directed to proceed with survey and if any encroachment is found, it is open to them to take steps to remove the encroachments by taking recourse to the appropriate statute.

¶5The Writ Petition is disposed of accordingly. No costs. Connected miscellaneous petition is closed. (R.SUBRAMANIAN, J.) & (L.VICTORIA GOWRI, J.)

05.04.2023 Index : Yes / No Internet : Yes bala To

¶1The District Collector, Dindigul District.

¶2The Tashildhar, Palani Taluk, Dindigul District.

¶3The Block Development Officer, Thoppampatti Union Panchayat, Dindigul District.

¶4The President, Puliyampatti Panchayat, Palani Taluk, Dindigul District.

W.P(MD)No.7883eofe2023

R.SUBRAMANIAN , J. and

L.VICTORIA GOWRI , J. balagg DATED : 05.04.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :05.04.2023 CORAM : THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and WMP(MD)No.7303 of 2023 Rengasamy ... Petitioner vs. 1. The District Collector, Dindigul District. 2. The Tashildhar, Palani Taluk, Dindigul District. 3. The Block Development Officer, Thoppampatti Union Panchayat, Dindigul District. 4. The President, Puliyampatti Panchayat, Palani Taluk, Dindigul District. ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorari, to call for the records pertaining to the order of the 4th respondent passed an impugned notice dated 01.04.2023 and quash the same as illegal. For Petitioner : Mr.D.Venkatesh For R1 to R4 : Mr.V.Nirmal Kumar Government Advocate