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2007 Supreme(Mad) 465

DHARMA RAO ELIPE, P.P.S.JANARTHANA RAJA
V. Balamurugan – Appellant
Versus
The District Collector, Virudhunagar District, Virudhunagar – Respondent


Advocates Appeared:
For the Petitioner:M. Jothi Basu, Advocate.
For the Respondent: R. Janakiramulu, Spl.Govt.Pleader.

Judgment :-

Dharma Rao Elipe, J.

Learned Special Government Pleader takes notice on behalf of the respondents. By the consent of counsel on either side, the writ petition itself is taken up for disposal at the admission stage.

2. This writ petition is directed against the order dated 01.02.2007, passed by the second respondent, who is the elected president of the Vachakaranpatti Village Panchayat in the local body elections held on 13.10.2006, with regard to removal of the petitioners Aavin Milk Shop situated in a portion of the land in Survey No.156, which is classified as road poramboke, within a period of two days.

3. According to the petitioner, on 06.08.2004 he was appointed as an agent to distribute Aavin Milk Products in and around R.R.Nagar, for which purpose some extent of land in Survey Number 156 of the village was allotted to him. On 09.09.2004, the District Collector inaugurated the shop and thereafter he is running the shop. As some area of the land in Survey No.156 was in need for road expansion and his shop was about to be removed, he made a request to the second respondent for allotting some other land and on 19.09.2006 the second respondent also allotted the pres







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