Lakshmi v. The President

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.06.2023 CORAM: THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD) Nos.11213, 11214, 11216, 11217 & 11219 of 2023

1.Lakshmi ... Petitioner in W.P.(MD) No.13269 of 2023

2.Mariappan ... Petitioner in W.P.(MD) No.13270 of 2023

3.Vennila ... Petitioner in W.P.(MD) No.13269 of 2023

4.Selvam ... Petitioner in W.P.(MD) No.13269 of 2023 -vs-The President, Vaiyampatti Panchayat, Manapparai Taluk, Trichy District. ... Respondent (in all cases) COMMON PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari calling for the records relating to the impugned order passed by the respondent in his proceedings Nil, dated 26.05.2023 and quash the same as illegal. For Petitioner : Mr.T.A.Ebenezer (in all cases) For Respondent : Mr.A.Baskaran Additional Government Pleader (in all cases) COMMON ORDER [Order of the Court was made by R.SUBRAMANIAN, J.] Mr.A.Baskaran, learned Additional Government Pleader, takes notice for the respondent.

¶2With the consent of both sides, these writ petitions are taken up for final hearing at the admission stage itself.

¶3The notices under Section 3(6) of the Tamil Nadu Land Encroachment Act, 1905, have been issued by the President of the Vaiyampatti Panchayat, which is without jurisdiction. It is for the concerned Tahsildar who is empowered to issue such notices.

¶4In view of the same, these writ petitions are allowed and the impugned notices dated 26.05.2023 issued by the President of Vaiyampatti Panchayat are quashed. Liberty is reserved to the respondent to proceed in accordance with law. No costs. Consequently, the connected miscellaneous petitions are closed. [R.S.M., J.] [L.V.G., J.]

08.06.2023 NCC : No Index : No Internet : Yes

PKN To The President, Vaiyampatti Panchayat, Manapparai Taluk, Trichy District. oR.SUBRAMANIANoo,oJo. AND oL.VICTORIAoGOWRIoo,oJo. PKN W.P.(MD)oNos.13269otoo13272oofo2023

08.06.2023