Madras High CourtWP(MD)/27095/2025disposed of

D.Karuppan v. The Executive Officer

2025-09-26Honourable Mr Justice G.R.Swaminathan4 pages

1 W.P.(MD)NO.27095 OF 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.09.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.27095 of 2025 AND W.M.P.(MD)No.21031 of 2025

1. D.Karuppan

2. S.Kumar

3. R.Nallukumar

4. D.Senthil Kumar @ Senthil

5. S.Thamaraiselvi ... Petitioners Vs.

The Executive Officer, Arulmigu Subramaniyaswamy Thirukovil, Kumaravayalur Post, Srirangam Taluk, Tiruchirappalli - 620 102.

... Respondent 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 notices dated 23.08.2025 issued by the respondent against the petitioners and quash the same as illegal, null and void and ultravires and for writ of mandamus forbearing the respondent from interfering with the petitioner's peaceful possession and enjoyment of their respective properties situated in S.F.No.54/2, Kumaravayalur Village, Srirangam Taluk, Tiruchirappalli District in any manner whatsoever. 1/4

2 W.P.(MD)NO.27095 OF 2025 For Petitioners : Mr.Shangar Murali For Respondent : Mr.P.Subbaraj, Special Government Pleader.

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O R D E R

Heard the learned counsel on either side.

2. The petitioners' apprehension is that pursuant to the impugned communication, they may be dispossessed. I make it clear that the impugned communication can at best be treated as an intimation. The respondent has to adhere to due process of law. Unless eviction order is obtained under Section 78 of HR&CE Act, the petitioners cannot be dispossessed.

3. With the clarification in favour of the petitioners, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

26.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No PMU 2/4

3 W.P.(MD)NO.27095 OF 2025 To:

The Executive Officer, Arulmigu Subramaniyaswamy Thirukovil, Kumaravayalur Post, Srirangam Taluk, Tiruchirappalli - 620 102.

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4 W.P.(MD)NO.27095 OF 2025 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.27095 of 2025 26.09.2025 4/4