Jaffar M v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and W.M.P.(MD)No.15066 of 2025 M.Jaffar ... Petitioner Vs.

1.The Commissioner, Madurai Corporation, Aringar Anna Maligai, Madurai-625 002.

2.The Assistant Commissioner, Zone-1, East, Madurai Corporation, Moondrumavadi, K.Pudur, Madurai-625 007.

3.The District Revenue Officer, Madurai District, Madurai.

...Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records relating to the impugned order dated 11.07.2025 vide File No.M122/425/2025, passed by the 2nd respondent and set 1/4

aside the same as illegal and without considering the earlier order passed by this Court in W.P.(MD)No.11640 of 2025, dated 23.04.2025 and all relevant records. For Petitioner : Mr.Babu Rajendran For R1 & R2 : Mr.S.Vinayak For R3 : Mr.S.P.Maharajan, Special Government Pleader

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The final notice issued for removal of the encroachment by the 2nd respondent vide proceedings dated 11.07.2025 is under challenge in this Writ Petition.

2.The petitioner was identified as an encroacher of Corporation property and therefore, enforcement actions were initiated. However, eviction is prolonged and protracted for more than 12 years. Earlier,one Writ Petition was filed and sufficient opportunity was provided to the encroachers to defend their case. The neighbor of the petitioner has secured a civil Court decree. However, that will not be of any avail to the petitioner to encroach upon the Corporation land. 2/4

3.Since the enforcement actions have already been commenced and sufficient opportunity was provided to the petitioner to defend his case, no further adjudication needs to be undertaken. Therefore, this Writ Petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. (S.M.S., J.) & (A.D.M.C., J.) 21.07.2025 NCC : Yes / No Index : Yes / No Yuva To The District Revenue Officer, Madurai District, Madurai.

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S.M.SUBRAMANIAM, J.

AND DR.A.D.MARIA CLETE, J.

Yuva 21.07.2025 4/4