Shajahan v. The Municipality Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.07.2025

CORAM:

THE HON'BLE MR. JUSTICE S.SOUNTHAR W.P.(MD).No.20317 of 2025 Shajahan ... Petitioner Vs.

1. The Municipal Commissioner, Thirumangalam, Madurai District.

2. The Tahsildar, Thirumangalam Taluk, Madurai District.

3. The Assistant Engineer, National High way, Tirumangalam Division, Madurai District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent nos.1 to 3 to conclude the enquiry within the reasonable time framed by this Hon'ble Court in Na.Ka.number.457/2024/E4 dated 03.01.2025. For Petitioner : Mr.J.Senthil Kumar For R1 to R3 : Mrs.K.Malathi Additional Government Pleader 1/4

ORDER

The petitioner herein seeks a direction to the respondents to conclude the enquiry and pass orders in e/f/vz;:457/2024/,4 dated 03.01.2025.

2. Heard the learned counsel appearing for the petitioner and Mrs.K.Malathi, learned Additional Government Pleader who takes notice for the respondents.

3. By consent of both the parties, the writ petition is taken up for final disposal at the stage of admission itself.

4. According to the petitioner, the 2nd respondent in his communication in e/f/vz;:457/2024/,4 dated 03.01.2025 informed the 3rd respondent that the petitioner has encroached the portion of the 3rd respondent's land and requested him to remove the encroachment. However, till date the 3rd respondent has not conducted any enquiry and taken further action. Therefore, the petitioner has come before this Court. 2/4

5. The learned counsel appearing for the petitioner would submit if the 3rd respondent conducts enquiry and finds there is an encroachment by the petitioner in the land belongs to the 3rd respondent, the petitioner has no objection for removal of encroachment. In view of the pendency of the proceedings before the 3rd respondent, the petitioner is not able to renovate his house by spending money.

6. In view of the same, the 3rd respondent is directed to consider the communication of the 2nd respondent dated 03.01.2025 in e/f/vz;: 457/2024/,4 and conduct proper enquiry and pass final orders on its own merits within a period of twelve (12) weeks from the date of receipt of a copy of this order, after issuing notice to the petitioner.

7. The writ petition is disposed of with the above observations. No costs.

25.07.2025 NCC :yes/No Index :yes/No Internet:yes/No rgm 3/4

S.SOUNTHAR , J.

rgm To

1. The Municipal Commissioner, Thirumangalam, Madurai District.

2. The Tahsildar, Thirumangalam Taluk, Madurai District.

3. The Assistant Engineer, National High way, Tirumangalam Division, Madurai District.

W.P.(MD).No.20317 of 2025 25.07.2025 4/4