S.Selvam v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.06.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)No.15231 of 2025 and W.M.P.(MD)No.11512 of 2025 S.Selvam ... Petitioner Vs.

1.The District Collector, Madurai, Madurai District.

2.The Commissioner, Madurai Municipal Corporation, Madurai City.

3.The Assistant Commissioner, Madurai Municipal Corporation, Madurai South Region, Madurai District.

4.The Tahsildar, Madurai South Taluk, Madurai District.

... Respondents 1/4

Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned eviction notice in D1/003280/2025, dated 14.05.2025 issued by the third respondent and quash the same as illegal and consequently, for direction directing the fourth respondent to conduct survey of the lands in S.No.104, Chinna Annupanady Village, Madurai South Taluk, Madurai District in the presence of the petitioner within time stipulated by this Court. For Petitioner :Mr.K.Dinesh For Respondents :Mr.A.Kannan Additional Government Pleader for R1 & R4 : Mr.S.Vinayak Standing Counsel for R2 & R3

ORDER

Heard both sides.

2. It is beyond dispute that the petitioner has been in occupation of a water body (kiruthumal river) in Survey No.104. It is to be noted that the petitioner's wife is a sitting ward councillor. The impugned notice dated 14.05.2025 is pursuant to the direction earlier given by this Court in 2/4

W.P.(MD)No.31397 of 2024. When the authorities are acting pursuant to the court's direction to remove the encroachment, it would not be appropriate to interfere with the impugned notice. There is no merit in the writ petition. The petitioner's counsel alleges that the authorities are selective in their approach. The learned standing counsel for the corporation gives an undertaking that none of the encroachers would be spared. Recording the said stand, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

[G.R.S., J.] [B.P., J.] 10.06.2025 NCC : Yes / No Internet : Yes / No Index : Yes / No rmi To 1.The District Collector, Madurai, Madurai District.

2.The Tahsildar, Madurai South Taluk, Madurai District.

3/4

G.R.SWAMINATHAN, J and B.PUGALENDHI, J.

rmi W.P(MD)No.15231 of 2025 10.06.2025 4/4