S.P.Murugan v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.02.2026

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN AND THE HON'BLE MR JUSTICE K.K.RAMAKRISHNAN W.P(MD)No.3090 of 2026 W.M.P(MD)No.2551 of 2026 S.P.Murugan ... Petitioner .Vs.

1.The Tahsildar, Alangulam Taluk, Tenkasi District.

2.The Executive Officer, Special Grade Town Panchayat, Alangulam, Tenkasi District.

3.The Inspector of Police, Alangulam Police Station, Tenkasi.

... 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 eviction order of the second respondent in Na.Ka.No.233/2024, dated 27.1.2026, quash the same.

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For Petitioner : Mr.K.Appadurai For Respondents : Mr.S.P.Maharajan 1 and 2 Spl.Govt. Pleader For Respondent-3 : Mr.K.Gnanasekaran Govt.Advocate(Crl.side)

O R D E R

(Order of the Court was made by DR.G.JAYACHANDRAN.,J) This Writ Petition has been filed to quash the impugned eviction order of the second respondent, dated 27.01.2026. 2.Mr.S.P.Maharajan, learned Special Government Pleader takes notice for the respondents 1 and 2 and Mr.K.Gnanasekaran, learned Government Advocate(Crl.side) takes notice for the third respondent.

3.The Petitioner herein claims that he has purchased the land in S.No.421/2C1A and has put up a construction, whereas, the impugned notice under Section 128(1)(2)(b) and (2) of Tamil Nadu Local Body Act, 1998 was issued as if he has encroached S.No.405/1 classified as 'pathway' and has put up a concrete house. He would submit that S.No.405/1 is not his land and notice 2/5

was wrongly issued to him and that the Petitioner apprehends that the house put up by him in S.No.421/2C1A would be demolished under the guise of eviction of encroachment. 4.The learned Special Government Pleader appearing for the respondents 1 and 2 would submit that S.No.421/2C1A is a water body, for which, the Division Bench of this Court has directed to remove the encroachment. We are not concerned with the said survey number, since the impugned notice challenged in this Writ Petition is only in respect of S.No.405.

5.We make it clear that the impugned notice, dated 27.1.2026 is only to remove the encroachment in S.No.405 classified as 'pathway'. If any encroachment in S.No.405 which is classified as 'Pathway', that alone to be removed and not the structures put up by the Petitioner in S.No.421/2C1A, which is not covered under the impugned notice, dated 27.01.2026.

6.With the above observations, the Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.

[G.J.,J.] [K.K.R.K.,J.] 04.02.2026 3/5

NCS : Yes/No Index : Yes / No Internet : Yes / No vsn To 1.The Tahsildar, Alangulam Taluk, Tenkasi District.

2.The Executive Officer, Special Grade Town Panchayat, Alangulam, Tenkasi District.

3.The Inspector of Police, Alangulam Police Station, Tenkasi.

DR.G.JAYACHANDRAN, J.

K.K.RAMAKRISHNAN,J.

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ORDER MADE IN W.P(MD)No.3090 of 2026 W.M.P(MD)No.2551 of 2026 04.02.2026 5/5