S.Rengammal v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 02.06.2026

CORAM

THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR and THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN and WMP(MD)No.10884 of 2026 S.Rengammal ... Petitioner Vs.

1. The District Collector, Madurai District, Madurai.

2. The Commissioner, Madurai Corporation, Madurai.

3. The Assistant Commissioner, Zone-I (East), Madurai Corporation, Madurai.

4. Tahsildar, Madurai North Taluk, Madurai District.

5. Mr.Muthuramalingam ... Respondents 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 of the impugned eviction notice of the 3rd respondent in 1/5

Na.Ka.No.Ma1U1/006694/2023 dated 25.04.2026 and quash the same consequently directing the respondents 1 to 4 herein not to evict the petitioner from the residence situated in T.S.No.111, situated at 47, Anthaneri Kanmai, Kattunaicken Street, Madurai.

For Petitioner : Mr.S.Ramakrishnan For R1 & R4 : Mr.B.Saravanan, Senior Counsel, for Mr.M.P.Senthil, Counsel for Government of Tamilnadu For R2 & R3 : Mr.K.Sivabalan

ORDER

(Order of the Court was made by N.SATHISH KUMAR, J.) Challenging the eviction notice dated 25.04.2026 issued under Section 128(1) & (2) of the Tamilnadu Urban Local Bodies Act, 1998, the petitioner has filed this writ petition.

2. The said notice was issued pursuant to the orders of this Court in W.P(MD)No.101 of 2022 dated 28.10.2022, wherein, this Court has directed the authorities concerned to conduct a survey in the presence of the petitioner as well as the parties concerned and if the survey reveals any encroachment by any one, including the 4th respondent therein, the same shall be removed, after giving sufficient opportunity to all the parties concerned and by following due process of law, within a period of twelve weeks from the date of receipt of a copy of the order.

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3. Now, after survey appears to have been conducted, it is the grievance of the petitioner that the entire street has not been surveyed. The fact remains that survey has been conducted and it was found that the petitioner is also one of the encroachers. Therefore, the impugned notice has been issued. Once the petitioner is found to be an encroacher, as a matter of right, he cannot now seek re-survey for the entire area. Therefore, we are not inclined to interfere with the impugned notice.

4. Accordingly, the Writ Petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

[N.S.K., J.] & [M.J.R., J.] Index : Yes / No 02.06.2026 : Yes / No bala To

1. The District Collector, Madurai District, Madurai.

2. The Commissioner, Madurai Corporation, Madurai.

3. The Assistant Commissioner, Zone-I (East), Madurai Corporation, Madurai.

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4. Tahsildar, Madurai North Taluk, Madurai District.

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N.SATHISH KUMAR , J.

AND M.JOTHIRAMAN, J.

bala ORDER MADE IN DATED :

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