Mohammed Iqbal Vs the District Collector

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 impugned order of the second respondent in Na.Ka.No.A3/205/2022 dated 28.01.2022 and quash the same.

¶23

W.P(MD)No.2561 of 2022

¶24

Abdul Rahman

¶25

... Petitioner

¶26

-Vs-

¶27

1.The District Collector, Tirunelveli District, Tirunelveli.

¶28

2.The Block Development Officer, Manoor Panchayat Union, Manoor, Tirunelveli.

¶29

3.The Panchayat President, Therkupatti Panchayat, Manoor Panchayat Union, Tirunelveli.

¶30

... Respondents

¶31

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 impugned order of the second respondent in Na.Ka.No.A3/205/2022 dated 28.01.2022 and quash the same.

¶32

2/6

¶33

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

¶34

W.P.(MD)Nos.2560, 2561 & 2562 of 2022

¶35

W.P(MD)No.2562 of 2022

Mohammed Nijam

... Petitioner

-Vs-

1.The District Collector, Tirunelveli District, Tirunelveli.

¶40

2.The Block Development Officer, Manoor Panchayat Union, Manoor, Tirunelveli.

¶41

3.The Panchayat President, Therkupatti Panchayat, Manoor Panchayat Union, Tirunelveli.

¶42

... Respondents

¶43

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 impugned order of the second respondent in Na.Ka.No.A3/205/2022 dated 28.01.2022 and quash the same.

¶44

For Petitioner : Mr.C.Susi Kumar For R1 to R3 : Mr.M.Sarangan in all the W.Ps. Additional Government Pleader For R4 : Mr.S.Kumar in W.P(MD)No.2560 fo 2022

¶45

3/6

¶46

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

¶47

W.P.(MD)Nos.2560, 2561 & 2562 of 2022

¶48

COMMON ORDER

¶49

(Order of the Court was made by S.M.SUBRAMANIAM, J. )

¶50

The learned Additional Government Pleader appearing for the respondents 1 to 3, on instructions, would submit that the petitioners are the encroachers of drainage in the street in survey No.398/4. Thus, an enforcement action was initiated by the Block Development Officer the second respondent under the provisions of the Act. The Block Development Officer is not the competent authority to evict the encroachment.

¶51

Thus, the Block Development Officer, Manoor Panchayat Union, Manoor is directed to submit a report to the Jurisdictional Tahsildar for initiating eviction proceedings under the relevant statutes and rules in force. On receipt of the report from the second respondent, the Jurisdictional Tahsildar shall initiate enforcement action and remove the encroachments by following the procedures as contemplated under law.

¶52

4/6

¶53

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

¶54

W.P.(MD)Nos.2560, 2561 & 2562 of 2022

¶55