F.Nirmala v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 18.02.2026

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MRS.JUSTICE R.KALAIMATHI & M.P.(MD)No.1 of 2012 F.Nirmala ... Petitioner Vs.

The Commissioner, Nagercoil Muncipality, Nagercoil, Kanyakumari District.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records in connection with the impugned notice vide proceedings in E.R.No.3/2012, dated 26.03.2012 issued by the respondent Municipality and quash the same and consequently, forbearing the respondent municipality from interfering with the petitioner's peaceful possession and enjoyment of the property bearing Door No.67, Court Road, Nagercoil, Kanyakumari District. 1/3

For Petitioner : Mr.M.Suri For Respondent : Mr.P.Athimoolapandian

ORDER

(Order of the Court was made by G.R.SWAMINATHAN, J.) Heard both sides.

2. We quash the impugned order on the sole ground that it has not been preceded by show cause notice. Non-issuance of show cause notice is a clear violation of principles of natural justice. The respondent is given liberty to proceed afresh in the manner known to law. The Writ Petition is allowed on these terms. No costs. Consequently, connected miscellaneous petition is closed.

(G.R.S., J.) (R.K.M., J.) 18.02.2026 Index : Yes / No Internet : Yes / No NCC : Yes / No rmi 2/3

G.R.SWAMINATHAN, J.

AND R.KALAIMATHI, J.

rmi 18.02.2026 3/3