Sahadevan. A v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.06.2026

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MS.JUSTICE R.POORNIMA and W.M.P(MD)No.10749 of 2022 A.Sahadevan ... Petitioner Vs.

1.The Commissioner, Madurai Corporation, Madurai.

2.The Assistant Commissioner, Zone - 5 (West), Madurai Corporation, Madurai.

3.The Town Surveyor, Madurai Corporation, Madurai.

4.Nagarajan ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorari, to call for the records in connection with the impugned show cause notice of the 1st and respondents in MA5E2/000621/2022 dated 06.07.2022 and quash the same as illegal. 1/4

For Petitioner : Mr.M.Jegadeesh Pandian For Respondents : Mr.S.Vinayak Standing Counsel for R.1 to R.3 Mr.A.Raja for R.4

ORDER

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

2.By the impugned order, the corporation has called upon the petitioner to remove the alleged encroachment. We do not want to go into the merits of the matter. The impugned order has not been preceded by any showcase notice. It is just a violation of the principles of natural justice.

3.The learned counsel appearing for the petitioner would contend that since the petitioner has filed a case against the fourth respondent, who happens to be the Deputy Mayor, the impugned action has been engineered.

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4.We again do not make any comment on this contention. The impugned order is set aside on the sole ground of violation of the principles of natural justice. The matter remitted to the file of the first respondent to pass an order afresh as per law. 5.This Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. [G.R.S., J.] [R.P, J.] 08.06.2026 NCC : Yes / No Index : Yes / No Internet : Yes/ No MGA To 1.The Commissioner, Madurai Corporation, Madurai.

2.The Assistant Commissioner, Zone - 5 (West), Madurai Corporation, Madurai.

3.The Town Surveyor, Madurai Corporation, Madurai.

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G.R.SWAMINATHAN, J.

AND R.POORNIMA , J.

MGA 08.06.2026 4/4