Madras High Court

WP(MD)/28711/2026 of Paramasivam Vs The District Collector/ Moni on 1 October 2026

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WP(MD) NO. 28711 of 2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 01-10-2026

CORAM

THE HONOURABLE MR JUSTICE M.DHANDAPANI

AND

THE HONOURABLE MR.JUSTICE N.DILIP KUMAR

WP(MD) NO. 28711 of 2026

{CNR: HCMD011426042026}

Case QR

WMP (MD) No.21782 of 2026

1. Paramasivam

Petitioner(s)

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.

5. The Head Surveyor

Melur Taluk

Madurai District.

Respondent(s)

For Petitioner(s): Mr.Riyas Ahamed R

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For Respondent(s): Mr.G.Mohan Kumar, AGP for R1 to R3, R5

Mr.G.Suriyanath, SC for R4

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/F1 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.7, Melur Town, Melur Taluk, Madurai District, including the alleged overwriting or alteration of Town Survey No.6 as Town Survey No.7, and quash the same insofar as it relates to the petitioners 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 and pass such further or other orders as this Honble court may deem fit and proper in the circumstances of this case and thus render justice.

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ORDER

(Order of the Court was made by the Hon'ble M.DHANDAPANI J.) Challenging the eviction notice dated 26.09.2026 issued under Section 128 of the Tamil Nadu Urban Local Bodies Act, 1998, by the fourth respondent, the present writ petition has been filed.

2. Heard the learned counsel for the parties and perused the materials available on record. By consent of both parties, the Writ Petition is taken up for final disposal at the stage of admission itself.

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3. The learned counsel appearing for the petitioner would submit that the land comprised in Survey No.7 is classified as “Ryotwari Punjai” and therefore, the fourth respondent has no jurisdiction to issue an eviction notice under Section 128 of the Tamil Nadu Urban Local Bodies Act, 1998. Challenging the said notice, the present writ petition has been filed. Hence, he would pray for appropriate orders.

4. The learned Additional Government Pleader appearing for the respondents would submit that liberty may be granted to the respondents to inspect the subject property and if necessary, issue a fresh notice by mentioning the correct survey number.

5. In view of the above submissions, the impugned eviction notice dated 26.09.2026 is set aside, granting liberty to the respondents to inspect the subject property and if the land is found to be the municipal land and, there is any encroachment therein, to proceed against the encroachment by issuing a fresh notice with the correct survey number, in accordance with law.

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6. The writ petition stands disposed of accordingly. No costs. Consequently, the connected miscellaneous petition is closed. (M.DHANDAPANI J.) (N.DILIP KUMAR J.) 01-10-2026 PKN

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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.

4. The Commissioner Melur Municipality Madurai District.

5. The Head Surveyor Melur Taluk Madurai District.

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M.DHANDAPANI, J. and N.DILIP KUMAR, J. PKN W.P(MD)No.28711 of 2026 01.10.2026

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