Xavier v. The Executive Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.09.2025

CORAM:

THE HONOURABLE DR.JUSTICE ANITA SUMANTH AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN and W.M.P(MD)No.19768 of 2025 Xavier ... Petitioner Vs.

1.The Executive Officer, Kayathar Town Panchayat, Kayathar, Thoothukudi District.

2.Shanthi ... 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 impugned eviction notice in Na.Ka.No.505/2023 dated 29.08.2025 passed by the first respondent and quash the same as illegal and consequently direct the first respondent not to interfere with the petitioner's peaceful possession of the Village Natham land in S.No.703/41 situated at Kayathar Taluk, Thoothukudi District. 1/4

For Petitioner : Mr.M.Prabu For R - 1 : Mr.J.Ashok Additional Government Pleader

ORDER

(Order of the Court was made by DR.ANITA SUMANTH, J.) The petitioner has challenged an eviction notice in Na.Ka.No.505/2023, dated 29.08.2025.

2.The notice has been issued by the Executive Officer of the Kayathar Town Panchayat, Thoothukudi District and Mr. Ashok, learned Additional Government Pleader, who accepts notice for R1, would fairly accede to the position that no prior notice or showcase notice has been issued.

3.Hence, let the impugned proceedings dated 29.08.2025 be treated as a show-cause notice. The petitioner is permitted to file a reply to the same within 15 days from today, upon receipt of which, the 2/4

petitioner shall be heard and appropriate orders be passed in terms of the Tamil Nadu Urban Local Bodies, Act, 1998 in accordance with law, within a period of four weeks from the date of personal hearing. 4.In light of the above, this Writ Petition is allowed. No costs. Consequently, connected Miscellaneous Petition is closed. [A.S.M.J.,] & [C.K.J.,] 15.09.2025 NCC :Yes/No Index :Yes/No Internet :Yes ps To The Executive Officer, Kayathar Town Panchayat, Kayathar, Thoothukudi District.

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DR.ANITA SUMANTH, J.

AND C.KUMARAPPAN, J.

ps 15.09.2025 4/4