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Madras High CourtWP/45182/2025disposed of

D.Saraswathi v. The Commissioner

2026-01-19Honourable The Chief Justice,Honourable Mr.Justice G.Arul Murugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.01.2026

CORAM

THE HON'BLE MR.MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE G.ARUL MURUGAN and WMP Nos.50328 and 50330 of 2025 D.Saraswathi .. Petitioner -vsThe Commissioner, Dharapuram Municipality, Dharapuram, Tiruppur District 638 656.

.. Respondent Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus to call for the records on the file of the respondent pertaining to the impugned notice dated 10.11.2025 in Notice No.17/2025 and quash the same, and consequently direct the 3rd respondent to accord permission on the petitioner's online application dated 02.06.2025 for putting up two additional toilets, if the application is otherwise in order independently. For Petitioner :

Mr.Muralikumaran Senior Counsel

for Mr.K.V.Sajeevkumar For Respondent :

Mr.P.Srinivas Standing Counsel * * * * *

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) This petition has been filed by one D.Saraswathi seeking to quash the de-occupation notice, which was issued in purported compliance of the directions which were issued by this Court in W.P.No.4818 of 2025.

2. In the affidavit, what has been alleged is that even though there was no direction issued by this Court to get the building deoccupied, it was sought to be done by the impugned notice and therefore, this petition has to be filed.

3. We make it clear that while passing the order in W.P.No.4818 of 2025 on 14.11.2025, we had directed the Municipality to submit a fresh report regarding completion of demolition along with photographs. That was not done. This, we have clearly observed in

the order which we have passed today in W.M.P.No.26208 of 2025 in W.P.No.4818 of 2025.

Accordingly, the impugned notice shall not be given effect to. The petition is disposed of accordingly. There shall be no order as to costs. Consequently, the interim applications stand closed. (MANINDRA MOHAN SHRIVASTAVA, CJ.) (G.ARUL MURUGAN, J.) 19.01.2026 Index : Yes/No : Yes/No sra To The Commissioner, Dharapuram Municipality, Dharapuram, Tiruppur District 638 656.

THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN, J.

(sra) 19.01.2026