Tuticorin Circle Washerman Union v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.06.2026

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MS.JUSTICE R.POORNIMA Rev.Apl.W.(MD)No.1 of 2023 in W.P.(MD)No.743 of 2010 Tuticorin Circle Washerman Union, Represented by its Secretary, S.Subbiah, Bupalarayapuram 1st Street, Tuticorin - 1.

... Petitioner Vs 1.The District Collector, Tuticorin District, Tuticorin.

2.The District Revenue Officer, Tuticorin District, Tuticorin.

3.The Commissioner, Tuticorin Municipality, Tuticorin.

4.The Correspondent, R.C.Primary School, Thalamuthu Nagar, Tuticorin.

... Respondents 1/8

Prayer: Review Application is filed under Order XLVII, Rules 1 and 2 of the Civil Procedure Code r/w. Article 226 of the Constitution of India, to review the order of this Court in W.P.(MD)No.743 of 2010 dated 07.12.2016.

For Petitioner : Mr.BK.Rajendran For Respondents : Mr.M.P.Senthil, Govt. Advocate for R1 & R2.

Mr.N.Anandhkumar for R3 No appearance for R4

ORDER

(Order of the Court was delivered by G.R.Swaminathan, J.) Heard learned counsel for the review applicant, the learned Government Advocate for the respondents 1 and 2 and the learned standing counsel for the third respondent. The fourth respondent has been served but they have not chosen to enter appearance. 2.Tuticorin Circle Washerman Union filed W.P.(MD)No.743 of 2010 for removing the encroachments in the petition mentioned survey numbers in Mappillaiyoorani Village. The Hon'ble Division Bench vide order dated 07.12.2016 gave a direction for removal of the encroachments. But this direction was given only to the District 2/8

Collector and the revenue authorities. The Commissioner, Tuticorin Municipality was exonerated. Since the district administration did not remove the encroachments, the review applicant filed Cont.P.(MD)No.2166 of 2017. It was followed by yet another contempt petition in Cont.P.(MD)No.495 of 2019. The Hon'ble Division Bench vide order dated 23.11.2022 in the contempt petitions passed following orders:- "6.In this background, it would not be appropriate to continue with the contempt proceedings against the Government, when the lands are now vested with the Corporation. Accordingly, we are of the view that if the petitioner is granted liberty to seek for review of the earlier order passed in W.P. (MD)No.743 of 2010, for the purpose of bringing forth the handing over of the subject lands to the Corporation, it would serve ends of justice."

Availing the said liberty, this review application has been filed. 3.When the matter was taken up for hearing, the learned standing counsel for Tuticorin Municipality produced copy of the order bearing Na.Ka.No.F1/20446/87, dated 08.08.2023 addressed to the District Collector, Tuticorin. It reads as follows:- 3/8

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4.We are satisfied that the petition mentioned land had been earmarked as "Dhobykanna". It is presently vested with Tuticorin Municipality. However, there are encroachments. Section 128 of the Tamil Nadu Urban Local Bodies Act, 1998 empowers the local body to remove the encroachment found in any land belonging to the local body. The said provision reads as follows:- "128. Power to remove encroachment from public place.

-(1) The Commissioner may,- (a) remove without any notice any movable temporary structure, enclosure, stall, booth, any article whatsoever hawked, exposed or displayed for sale or any other thing whatsoever by way of encroaching street or public place or the 1[land belonging to or vested with the municipality] with the municipal limit ; (b) remove any immovable structure whether permanent or of temporary nature encroaching the street or public place or the [land belonging to or vested with the municipality] within the municipal limit, after issuing a show cause notice for such removal, returnable within a period of seven days from the date of receipt thereof : Provided that the Commissioner shall consider any representation received within the time limit, before passing final orders.

(2) Whoever makes any encroachment in any land or space (not being private property) in any public street or any [ land belonging to or vested with the municipality] within the municipal limit, shall, on conviction, be punished with 6/8

imprisonment which shall not be less than one year but which may extend to three years and with fine which may extend to fifty thousand rupees :

Provided that the Court may, for any adequate or special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than one year." 5.We direct Tuticorin Municipality to remove the encroachments in Survey Nos.223/1, 223/3 and 223/6 by adopting due process of law. The jurisdictional police as well as the district administration are also mandated to extend their fullest assistance to the local body.

6.This review application is allowed accordingly. No costs. (G.R.S. J.,) & (R.P. J.,) 02.06.2026 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:

1.The District Collector, Tuticorin District, Tuticorin.

2.The District Revenue Officer, Tuticorin District, Tuticorin.

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G.R.SWAMINATHAN, J.

and R.POORNIMA, J.

ias Rev.Apl.W.(MD)No.1 of 2023 in W.P.(MD)No.743 of 2010 02.06.2026 8/8