Madras High Court

WP(MD)/31966/2026 of Ganesan Vs The Joint Commissioner/Executive Officer on 11 November 2026

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WP(MD) No. 31966 of 2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 11-11-2026

CORAM

THE HON'BLE MR. JUSTICE SENTHILKUMAR

RAMAMOORTHY

WP(MD) No. 31966 of 2026

CNR:{HCMD011576612026}

AND

WMP(MD) Nos. 24603 & 24604 of 2026

Ganesan

..Petitioner(s)

Vs

The Joint Commissioner/Executive Officer Office of the Joint Commissioner/Executive Officer, Arulmighu Meenakshi Sundareswar Thirukovil, Madurai - 625 001

..Respondent(s)

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the records pertaining to the impugned order in Na.Ka. No.2950/2022-2/E5

dated 08.10.2026 passed by the Respondent and quash the same as illegal.

For Petitioner(s)

:Mr.R.Manoharan

For Respondent(s)

:Mr.V.R.Shanmuganathan

Standing Counsel

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ORDER

The petitioner is in occupation of premises bearing Door No.33/34, Melachithirai Veethi, Madurai. Upon receipt of notice dated 08.10.2026

WP(MD) No. 31966 of 2026 from the respondent calling upon the petitioner to vacate the premises and hand over the possession thereof, the present Writ Petition was filed.

2. Learned counsel for the petitioner contends that the impugned notice proceeds on the erroneous basis that the petitioner is an encroacher. He submits that the petitioner has been in possession of the property since the year 2020 and Section 78 of the TNHR&CE Act, 1959, is inapplicable.

3. Accepting

notice

for

the

sole

respondent, Mr.V.R.Shanmuganathan, learned Standing Counsel, submits that the State Level Expert Committee concluded that the property is in dilapidated condition and is required to be demolished. He points out that the Madurai Corporation had issued communications in 2024 calling upon the respondent to take necessary action in view of the dilapidated condition of the property.

4. The impugned notice calls upon the petitioner to hand over the vacant possession of the property within fifteen days from the date of receipt thereof. In the event of non-compliance, it is stated that appropriate proceedings under Section 78 of the TNHR&CE Act, 1959,

WP(MD) No. 31966 of 2026 would be taken.

5. Therefore, it is open to the petitioner to reply to the Show Cause Notice and raise objections in relation thereto. No case is made out for interference in judicial review at this juncture. With these observations, this Writ Petition is disposed of without any order as to costs. Consequently, connected miscellaneous petitions are closed. 11-11-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No apd To The Joint Commissioner/Executive Officer Office of the Joint Commissioner/Executive Officer Arulmighu Meenakshi Sundareswar Thirukovil Madurai - 625 001

WP(MD) No. 31966 of 2026 SENTHILKUMAR RAMAMOORTHY, J. apd WP(MD) No. 31966 of 2026 AND WMP(MD) No. 24603 of 2026 WMP(MD) No. 24604 of 2026 11-11-2026

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