Sekarreporter1: This judgement the court has held that an order need not be set aside if setting aside such order would revive an illegal order [3/11, 09:23] Sekarreporter1: W.P.No.13597 of 2020 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:10.02.2021 Coram The HONOURABLE MR.JUSTICE B.PUGALENDHI W.P.No.13597 of 2020. —govt Mr.K.Kumaresh Babu for R2 Additional Advocate General Assisted by Mr.E.Balamurugan Special Government Pleader Mr.Prabhu for R2 Standing Counsel

[3/11, 09:23] Sekarreporter1: This judgement the court has held that an order need not be set aside if setting aside such order would revive an illegal order
[3/11, 09:23] Sekarreporter1: W.P.No.13597 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:10.02.2021
Coram
The HONOURABLE MR.JUSTICE B.PUGALENDHI
W.P.No.13597 of 2020
and
WMP Nos.16883, 16885 and 16887 of 2020
K.Radhamani
W/o Krishnasamy
Vice President
The Pongalur Village Panchayat
Dhasarapalayam
Pongalur Post, Avinashi Taluk,
Tiruppur District. … Petitioner
vs.
1.The District Collector,
Thiruppur District,
Thiruppur.
2.The Executive Engineer,
Tamilnadu Slum Clearance Board,
188, Sakthi Nagar, Koyampalayam,
Thiruppur-2. ..Respondents
Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Certiorarified Mandamus to call for the
records with related to the impugned communication dated .07.2020
vide Na.Ka.No.598/2020/A4 issued by the first respondent and quash
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[3/11, 09:24] Sekarreporter1: W.P.No.13597 of 2020
the same as illegal and unconstitutional and consequently direct the
respondents to permanently stop the proposal for construction of multi
storied building or any other building in the land measuring 9.42 cents
in S.No.112/1 and another extent of acres 3.47 cents in S.No.113/1
situated at Pongalur village, Avinashi Taluk, Tiruppur District.
For Petitioner .. Mr.S.S.Karthikeyan
For Respondents .. Mr.K.Kumaresh Babu for R2
Additional Advocate General
Assisted by Mr.E.Balamurugan
Special Government Pleader
Mr.Prabhu for R2
Standing Counsel
O R D E R
This Writ Petition is filed as against the order dated July, 2020 in
Na.Ka.No.598/2020/A4 issued by the 1
st
respondent, cancelling the
resolution passed by the Village Panchayat under Section 202 of the
Tamil Nadu Panchayat Act,1994.
2. The petitioner/Vice President of Pongalur Village Panchayat
has passed a resolution on the request made by the 2
nd respondent for
construction of Pradhama Mandir Awas Yojana, Housing Scheme. The
Tamil Nadu Slum Clearance Board is constructing multi storied
tenements under Honourable Prime Minister’s Housing Scheme to
remove and rehabilitate the encroachers in the water bodies as per the
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