Madras High Court

WP(MD)/30584/2025 of Sivanathan Vs The District Collector on 8 October 2026

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 08.10.2026

CORAM :

THE HONOURABLE MR. JUSTICE G.R.SWAMINATHAN

and

THE HONOURABLE MRS. JUSTICE M.D.SUMATHI

WP(MD) No. 30584 of 2025

{CNR: HCMD011522602025}

Case QR

and

WMP(MD)No.23754 of 2025

Sivanathan

..Petitioner

Vs

1.The District Collector,

Tirunelveli District,

Tirunelveli.

2.The Tahsildar,

Palayamkottai Taluk,

Tirunelveli District.

3.The Assistant Commissioner,

Melapalayam Mandapam,

Tirunelveli Corporation,

Tirunelveli District.

4.The Executive Engineer cum Administrative Officer, Tirunelveli Housing Unit, Kamarajar Salai, Anbu Nagar, Tirunelveli - 627 011.

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5.The Town Sub Inspector,

Melapalayam Division,

Tirunelveli Corporation,

Tirunelveli District.

6.S.Seethalakshmi

.. Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order issued by the 3rd respondent vide Na.Ka. No.TP3/3488/2025 dated 13.10.2025 and quash the same as illegal and consequently direct the respondents not to disturb the petitioners property unnecessarily in Survey Field Number 358

having the area of 60 x 27 sq.ft. in Housing Board Colony with the building in 38/1 and pass such further or other orders as this Honble Court may deem fit and proper in the circumstances of the case.

For Petitioner

: Mr.K.P.Narayanakumar

For Respondents

: Mrs.M.R.Priyanka Jothi,

for R1 & R2

: Mr.S.Velmurugan

for R4

: Mr.C.Narendran

for R6

: Mr.S.P.Maharajan

Special Govt.Pleader

for R3 and R5

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ORDER

(Order of the Court was made by G.R.SWAMINATHAN J.) Heard both side.

2. The petitioner challenges the impugned order passed by the Tirunelveli Corporation under Section 128 of the Tamilnadu Urban Local Bodies Act, 1998. The petitioner has been called upon to remove what according to the corporation is an encroachment committed by the petitioner. The impugned order has not been preceded by any notice. Section 128(1) of the Act clearly contemplates issuance of notice. On the sole ground, the impugned order is set aside. The matter is remitted to the file of the third respondent to act as per law.

3. With the aforesaid liberty, the Writ Petition is allowed. No Costs. Consequently, connected miscellaneous petition is closed. [G.R.S.J.,] [M.D.S.J.,] 08-10-2026 Internet :Yes/No Index :Yes/No NCC :Yes/No PJL

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To

1. The District Collector, Tirunelveli District, Tirunelveli.

2. The Tahsildar, Palayamkottai Taluk, Tirunelveli District.

3. The Assistant Commissioner, Melapalayam Mandapam, Tirunelveli Corporation, Tirunelveli District.

4. The Executive Engineer cum Administrative Officer, Tirunelveli Housing Unit, Kamarajar Salai, Anbu Nagar, Tirunelveli - 627 011.

5. The Town Sub Inspector, Melapalayam Division, Tirunelveli Corporation, Tirunelveli District.

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( Uploaded on: 09/10/2026 02:55:58 pm )

G.R.SWAMINATHAN, J. AND M.D.SUMATHI, J. PJL W.P(MD)No. 30584 of 2025 and WMP(MD)No.23754 of 2025 08.10.2026

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