M.Souriammal v. The Commissioner

1 W.P.(MD)NO.12411 OF 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.03.2026

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MRS.JUSTICE R.POORNIMA W.P.(MD)No.12411 of 2018 M.Souriammal ... Petitioner Vs.

1. The Commissioner, Paramakudi Municipality, Paramakudi, Ramanathapuram District.

2. The District Collector, Ramanathapuram District, Ramanathapuram.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the proceedings of the impugned notice of the first respondent dated 22.05.2018 and quash the same and further direct the respondents to grant patta to the petitioner in respect of the petitioner's house situated within the S.No.122/4, Gandhi Colony, Paramakudi by considering the representation dated 06.04.2018.

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2 W.P.(MD)NO.12411 OF 2018 For Petitioner : Mr.G.Prabhu Rajadurai For Respondents : Mr.K.Saravanan, Standing counsel for Paramakudi Municipality for R-1.

Mr.T.Amjad Khan, Government Advocate for R-2.

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O R D E R

(Order of the Court was delivered by G.R.SWAMINATHAN, J.) Heard both sides.

2. We are satisfied that the land in question is a municipal land. Therefore, the Commissioner, Paramakudi Municipality will very much have the jurisdiction to take action. But then, the impugned notice is more in the nature of a final order. It was not preceded by any show cause notice. It has been specifically pleaded that for want of show cause notice, the petitioner could not put forth their objections.

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3 W.P.(MD)NO.12411 OF 2018

3. On this sole ground, the impugned notice is quashed and the matter is remitted to the file of the Commissioner, Paramakudi Municipality to take action afresh as per law. This writ petition is allowed. No costs.

(G.R.SWAMINATHAN, J.) & (R.POORNIMA, J.) 30th March 2026 NCC : Yes / No Index : Yes / No Internet : Yes / No PMU To:

The District Collector, Ramanathapuram District, Ramanathapuram.

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4 W.P.(MD)NO.12411 OF 2018 G.R.SWAMINATHAN, J.

AND R.POORNIMA, J.

PMU W.P.(MD)No.12411 of 2018 30.03.2026 4/4