Madras High Court
WP(MD)/28702/2026 of Paramasivam Vs The District Collector / Mon on 5 October 2026
W.P.(MD)No.28702 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 05.10.2026
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
and
THE HONOURABLE MRS.JUSTICE M.D.SUMATHI
WP(MD) NO. 28702 of 2026
{CNR: HCMD011425992026}
Case QR
and
W.M.P.(MD)No.21774 of 2026
Paramasivam
... Petitioner
Vs.
1.The District Collector / Monitoring Committee, Office of the District Collector, Madurai.
2.The Revenue Divisional Officer,
Office of the District Revenue Officer,
Melur, Madurai District.
3.The Tahsildar,
Melur Taluk,
Madurai District.
4.The Commissioner,
Melur Municipality,
Madurai District.
( Uploaded on: 12/10/2026 01:07:59 pm )
W.P.(MD)No.28702 of 2026
5.The Head Surveyor,
Melur Taluk,
Madurai District.
... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned notice issued by the 4th respondent in Na.Ka.No.1897/2026/P1 dated 26.09.2026 under Section 128 of the Tamil Nadu Urban Local Bodies Act, 1998, in respect of Ward A, Block 8, Town Survey No.21, Melur Town, Melur Taluk, Madurai District, including the alleged overwriting or alteration of Town Survey No.6 as Town Survey No.21 and quash the same insofar as it relates to the petitioner's property, as being arbitrary, illegal, and violative of the principles of natural justice, and consequently direct the respondents to conduct proper survey of the property.
For Petitioner
: Mr.R.Riyas Ahamed
For Respondents : Mr.K.Kannan,
Spl. Govt. Pleader for R1 to R3 & R5.
Mr.G.Suriya Ananth for R4
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER
(By G.R.Swaminathan, J.) Heard both sides.
( Uploaded on: 12/10/2026 01:07:59 pm )
W.P.(MD)No.28702 of 2026
2. The fourth respondent herein issued notice under Section 128 of the Tamil Nadu Urban Local Bodies Act, 1998 informing the petitioner that he had committed encroachment T.S.No.21 by putting up a bathroom. The petitioner has been called upon to offer his explanation within seven days. At this stage, this writ petition has been filed.
3. Normally, this Court would not entertain any writ petition at the notice stage. But it is beyond dispute that T.S.No.21 is a patta land standing in the name of the writ petitioner herein.
4. When the matter was taken up for hearing, the learned standing counsel for the local body submitted that notice was wrongly issued and that the local body intended to take action against encroachment in T.S.No.6 which has been classified as “public pathway”. In fact, in the notice, the figure six has been struck off and instead, the figure 21 had been substituted.
( Uploaded on: 12/10/2026 01:07:59 pm )
W.P.(MD)No.28702 of 2026
5. Thus, on the own showing of the fourth respondent, the notice has been issued containing the wrong survey number. On this ground. it stands quashed. Liberty is given to the fourth respondent herein to take action afresh as per law.
6. This writ petition is allowed accordingly. No costs. Consequently, connected miscellaneous petition is closed. (G.R.S. J.,) & (M.D.S. J.,) 05.10.2026 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:
1. The District Collector / Monitoring Committee, Office of the District Collector, Madurai.
2. The Revenue Divisional Officer, Office of the District Revenue Officer, Melur, Madurai District.
3. The Tahsildar, Melur Taluk, Madurai District.
( Uploaded on: 12/10/2026 01:07:59 pm )
W.P.(MD)No.28702 of 2026
4. The Commissioner, Melur Municipality, Madurai District.
5. The Head Surveyor, Melur Taluk, Madurai District.
( Uploaded on: 12/10/2026 01:07:59 pm )
W.P.(MD)No.28702 of 2026 G.R.SWAMINATHAN, J. and M.D.SUMATHI
, J.
ias W.P.(MD)No.28702 of 2026
05.10.2026
( Uploaded on: 12/10/2026 01:07:59 pm )