Madras High Court
WP(MD)/32316/2026 of Palaniammal Vs The Commissioner on 13 November 2026
WP(MD) No. 32316 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 13-11-2026
CORAM
THE HON'BLE MR. JUSTICE G.R.SWAMINATHAN
AND
THE HON'BLE DR.JUSTICE P.MURUGAN
WP(MD) No. 32316 of 2026
CNR:{HCMD011517002026}
and
WMP(MD)No.24813 of 2026
Palaniammal
No.22, Nondikovilpatti,
Melur - 625106,
Madurai District
..Petitioner
Vs
1. The Commissioner
Melur Municipality,
Melur - 625106,
Madurai District
2. Paramasivam
Nondikovilpatti,
Melur - 625106,
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 in Na.Ka.
No.1897/2026/F1 dated 26.09.2026 issued by the first respondent under Section 128 of the Tamil Nadu Urban Local Bodies Act, 1998, insofar as the same seeks to treat the petitioners private patta land and the fence erected therein as an encroachment upon a public street/public
WP(MD) No. 32316 of 2026
place/municipal property and threatens removal thereof, and quash the same as illegal, arbitrary, without jurisdiction and contrary to law, and consequently direct the respondents to forbear their men, servants, agents and officials from interfering with the petitioners peaceful possession and enjoyment of her private patta land comprised in Survey No. 189/1, Melur Village, Melur Taluk, Madurai District, or removing the fence erected therein, except by authority of law.
For Petitioner
:Mr.B.A.Muruganantham
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ORDER
(Order of the Court was made by G.R. SWAMINATHAN J.) Heard the learned counsel for the petitioner.
2. What is under challenge is a mere notice issued under Section 128 of the Tamil Urban Local Bodies Act, 1998. The learned counsel for the petitioner states that replay has already been submitted.
3. The first respondent has to pass a speaking order by considering the petitioner’s objections. If an adverse order is passed, it shall not be enforced immediately. A breathing time of three weeks shall be given to the petitioner to approach this Court or invoke any of the legal remedies.
WP(MD) No. 32316 of 2026
4. With the aforesaid observations, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. (G.R.S.,J.) (P.M.N.,J.) 13-11-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No Issue order copy on 13.11.2026. IAS To
1. The Commissioner Melur Municipality Melur - 625106 Madurai District
WP(MD) No. 32316 of 2026 G.R.SWAMINATHAN, J. AND DR.P.MURUGAN, J. IAS WP(MD) No. 32316 of 2026 13-11-2026