The court directed the removal of encroachment on the disputed land, mandating that the eviction proceedings be conducted strictly in accordance with the procedures prescribed under the Tamil Nadu Panchayats Act, 1994.

Prayer: This Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the records relating to the Impugned Order dated Nil passed by the 3rd respondent and quash the same and consequently direct the 2nd and 3rd respondents not to evict the petitioner from his property in Survey Nos.1702/2 and 1703/1 situated at B.Anaikaraipatti Panchayat, Bodinaickkanur Taluk, Theni District.

ORDER

(Order of the Court was made by

M.DHANDAPANI.J

.)

This Writ Petition has been filed challenging the impugned order passed by the third respondent and for a consequential direction to the respondents 2 and 3 not to evict the petitioner from the petition mentioned property situated at B.Anaikaraipatti Panchayat, Bodinaickkanur Taluk, Theni District.

The learned counsel for the petitioner would submit that the petitioner has purchased the petition mentioned property by way of a registered sale deed, dated 13.04.2006. The petitioner has filed a suit in O.S.No.163 of 2022 on the file of the Court of the District Munsif, Bodinaickkanur, against the respondents herein seeking for the relief of injunction. However, the same was dismissed by the Trial Court. Challenging the same, the petitioner preferred an appeal in A.S.No.17 of 2026 on the file of the learned Subordinate Judge, Bodinaickkanur. At this stage, the third respondent had issued the impugned eviction notice. Hence, the writ petition.

The learned Government Advocate for the respondents 1 and 2 would submit that the Tahsildar, Bodinaickkanur, had already addressed a letter bearing Ref.Na.Ka.No.4320/2022/A5, dated 16.09.2022, to the respondents 2 and 3, perusal of which, it is found that there is an encroachment in S.Nos.1702/2 and 1703/3 and the respondents 2 and 3 were directed to remove the encroachment in S.Nos.1702/2 and 1703/1 and to submit a report. She would further submit that on the basis of the letter issued by the Tahsildar, Bodinaickkanur, dated 16.09.2022, eviction proceedings will be conducted by following the procedures prescribed in the Tamil Nadu Panchayats Act, 1994.

Considering the facts and circumstances of the case that there is an encroachment, this Writ Petition stands disposed of, with a direction to the respondents 2 and 3 to remove the encroachment in the aforesaid land and to carry out the eviction proceedings by following the procedures prescribed in the Tamil Nadu Panchayats Act, 1994, and submit a report before the Tahsildar, Bodinaickkanur, within a period of 12 weeks from the date of receipt of a copy of this order. No costs. consequently, Connected Miscellaneous Petition is closed.