Madras High CourtWP(MD)/19220/2022disposed of

Subbunagalu P v. The Commisisoner

2025-11-27Honourable Ms. Justice P.T. Asha4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.11.2025

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA and W.M.P(MD)No.14013 of 2022 P.Subbunagalu .. Petitioner Vs.

The Commissioner, Melur Municipality, Melur, Madurai District - 625 106.

.. Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, forbearing the respondent or his staff or agents from interfering with peaceful possession and enjoyment of the petitioner's properties bearing New Door nos. 791 and 792 Old Door nos.477A and 477 B in Survey nos. 251/7 and 302 Part I locate at GAndhi Bazar, Periyakadai Veethi, Melur Town, Madurai Trichy Main Road, Melur Post, Madurai District without valid prior sufficient notice and without due process of law. For Petitioner : Mr.M.Sathiamoorthy

For Respondent : Mrs.D.Farjana Ghoushia Special Government Pleader

ORDER

This writ petition has been filed for the following relief : "forbearing the respondent or his staff or agents from interfering with peaceful possession and enjoyment of the petitioner's properties bearing New Door nos. 791 and 792 Old Door nos.477A and 477 B in Survey nos. 251/7 and 302 Part I locate at GAndhi Bazar, Periyakadai Veethi, Melur Town, Madurai Trichy Main Road, Melur Post, Madurai District without valid prior sufficient notice and without due process of law."

2. The case of the petitioner is that the staff of the respondent Municipality passed oral orders making interference in the peaceful possession and enjoyment of his property and business. However, no proper order has been passed. The petitioner sent representation on 18.07.2022 to the respondent, District Collector, Madurai and Chief Minister Cell requesting them not to interfere with peaceful possession

and enjoyment of his property. Since the same was not considered, the petitioner is before this Court.

3. Heard the learned counsels on either side.

4. Without going into the merits of the case, this Court directs the respondent to consider the representation of the petitioner, dated 18.07.2022 and pass orders after affording an opportunity of personal hearing to the petitioner. The said exercise shall be completed within a period of one (1) month from the date of receipt of copy of this order. It is needless to state that if any road is proposed to be laid, the same shall be done after acquiring the petitioner's land.

5. With the above directions, this Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. 27.11.2025 NCC : Yes/No Index : Yes/No Internet : Yes gbg

P.T.ASHA, J.

gbg To The Commissioner, Melur Municipality, Melur, Madurai District - 625 106.

27.11.2025