P.CHINNA ELUVAN Vs. PRESIDENT, KODUKKAMPATTI VILLAGE PANCHAYAT

JUDGEMENT

(1.) It is the case of the petitioner that his father was in possession and enjoyment of the landed property at S.F.No. 174-5 admeasuring to an extent of 3 cents, situated at Murakilavanpatti, Kodukkampatti, Melur Taluk, Madurai District for the past six decades. While, his father was alive, he has also put a tiled house in which his family members have been residing eversince 1960. The petitioner, after demise of his father in the year 2010, succeeded his estate and continued to be in occupation and enjoyment of the said house.

(2.) It is also the claim of the petitioner that the said property was subjected to the statutory levy of tax also. The grievance expressed by the learned counsel appearing for the petitioner is that all of a sudden, the respondent has passed the impugned order in his Oo.Ma.No.1/2020-21, dated 30.06.2020, calling upon the petitioner to vacate and deliver the vacant possession of the lands in S.No.174-4, admeasuring to an extent of 12 ares classified as (Odai Poromboke) and Sy.No. 174-5, admeasuring to an extent of 2 ares of cart track for the purpose of repairing and developing the water course.

(3.) Mr.B. Saravanan, learned counsel appearing for the petitioner has drawn to the attention of this Court to Section 131(2) of the Tamil Nadu Panchayats Act, 1994 and would submit that the impugned notice of the respondent is not in consonance with the said provision, which mandates the certain procedure is to be followed and on the sole ground, the impugned notice/proceedings warrants interference.