Ramesh 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.15256 of 2025 Ramesh ... Petitioner Vs.

1.The Commissioner, Madurai Municipal Corporation, Madurai.

2.The Assistant Commissioner, Zone No.1, Madurai Corporation, Madurai.

3.The District Revenue Officer / Additional District Magistrate, Madurai.

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

...Respondents

1/4

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 passed by the 2nd respondent in File No.Ma1U2/425/2025, dated 11.07.2025 and set aside the same as illegal.

For Petitioner : Mr.P.Mani Anandh For R1 & R2 : Mr.S.Vinayak For R3 & R4 : Mr.M.Sarangan, Additional 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 2/4

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. 3.The learned counsel appearing for the respondents 1 and 2 would submit that the petitioner has earlier filed W.P.(MD)No.9443 of 2022, which was dismissed by the Division Bench of this Court vide order dated 06.05.2022. 4.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 1.The District Revenue Officer / Additional District Magistrate, Madurai.

3/4

S.M.SUBRAMANIAM, J.

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

Yuva 2.The Tahsildar, Madurai North Taluk, Madurai District.

21.07.2025 4/4