R.Jeyaprakash vs The Executive Officer
2023 Latest Caselaw 6229 Mad

                                                                            W.P.(MD) No.13875 of 2023


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED : 14.06.2023

                                                       CORAM:

                               THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
                                                 AND
                              THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI


                                           W.P.(MD) No.13875 of 2023
                                                     and
                                     W.M.P.(MD) Nos.11709 and 11710 of 2023

                 R.Jeyaprakash                                                     ... Petitioner


                                                          -vs-



                 1. The Executive Officer,
                    Palamedu Town Panchayath, Palamedu,
                    Madurai District.

                 2. The Tahsildar,
                    Vadipatti, Madurai District.                                 ... Respondents

                 PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a
                 Writ of Certiorari to call for the records pertaining to the proceedings of the 1st
                 respondent in Na.Ka. No. 27/2022 dated 03.05.2023 and to quash the same.


                 ____________
                 Page 1 of 6

https://www.mhc.tn.gov.in/judis
                                                                                 W.P.(MD) No.13875 of 2023




                                  For Petitioner    : Mr.T.S.Mohamed Mohideen

                                  For Respondents   : Mr.P.Thilak Kumar
                                                      Government Pleader for R1

                                                       Mr.A.Baskaran
                                                       Additional Government Pleader for R2


                                                          ORDER

[Order of the Court was made by R.SUBRAMANIAN, J.]

Mr.P.Thilak Kumar, learned Government Pleader takes notice for the

first respondent and Mr.A.Baskaran, learned Additional Government Pleader

takes notice for second respondent.

2. With the consent of both sides, the writ petition is taken up for

final hearing at the admission stage itself.

3. The grievance of the petitioner is that the impugned order of

eviction has been passed relying upon the judgment of a civil court in a suit in

O.S.No.982 of 2017 to which, he is not a party. We do not think that such a

____________

https://www.mhc.tn.gov.in/judis W.P.(MD) No.13875 of 2023

grievance could be entertained.

4. Once it is found that the petitioner has encroached upon the land

which is a public pathway as per revenue records, the Municipal authorities are

entitled to take action under Section 182 of the Tamil Nadu District

Municipalities Act, 1920, since the area in question is the town panchayat.

5. Mr.T.S.Mohamed Mohideen, learned counsel appearing for the

petitioner would however contend that he is entitled to hearing before the eviction

order is implemented.

6. Even though the provisions under Section 182 of the Act do not

contain any requirements, the principle of natural justice must be complied with.

Hence, the impugned order will be treated as a show cause notice and the

petitioner will submit his explanation within a period of fifteen (15) days from

today. The authority concerned will consider the explanation and pass appropriate

orders.

____________

https://www.mhc.tn.gov.in/judis W.P.(MD) No.13875 of 2023

7. The writ petition is disposed of with the above direction. No costs.

Consequently, the connected miscellaneous petitions are closed.

                                                          [R.S.M., J.]        [L.V.G., J.]
                                                                    14.06.2023
                 NCC      : No
                 Index : No
                 Internet : Yes
                 PKN




                 ____________

https://www.mhc.tn.gov.in/judis W.P.(MD) No.13875 of 2023

To

1. The Executive Officer, Palamedu Town Panchayath, Palamedu, Madurai District.

2. The Tahsildar, Vadipatti, Madurai District.

____________

https://www.mhc.tn.gov.in/judis W.P.(MD) No.13875 of 2023

R.SUBRAMANIAN, J.

AND L.VICTORIA GOWRI, J.

PKN

W.P.(MD) No.13875 of 2023

14.06.2023

____________

https://www.mhc.tn.gov.in/judis