V. ALAGAMMAL Vs. DISTRICT COLLECTOR, THOOTHUKUDI DISTRICT, THOOTHUKUDI

JUDGEMENT

(1.) This writ petition is filed by the petitioner as against the notice issued by the 4th respondent under Sections 131(2) and 222 of the Tamil Nadu Panchayats Act, 1994, in and by which, the 4th respondent has directed the petitioner to remove the encroachments put up by her in S.No.259/22, to an extent of 0.4272 Ares in Melakumarasakkanapuram, Maniyakaranpatti Panchayat.

(2.) According to the petitioner, the property in Old S.No.1/143 and New S.No.259/58, situated at Melakumarasakkanapuram, Maniyakaranpatti Panchayat, Thoothukudi District, was purchased by her father, Gothandaraman and his brother, Krishnasamy, vide a joint registered sale deed dated 22.12.1959 in Doc.No.1-290-383-384-2483 of 1959. After the demise of her father, the petitioner and her family members are enjoying the share of the said Gothandaraman in the property, as his legal heirs. One of her neighbors, who is inimical to the petitioner, has filed a writ petition in W.P(MD)No.8532 of 2020 before this Court alleging that the petitioner has encroached upon the panchayat property and has obtained an order behind her back, based on which, the impugned notice came to be issued, without affording her an opportunity of personal hearing.

(3.) Heard the learned Counsel appearing for the petitioner and Mr.Muthugeethaiyan, learned Special Government Pleader, who took notice on behalf of the respondents.