Balanagammal, v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.12.2025

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN and THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN and W.M.P.(MD) Nos.29099, 29101 & 29103 of 2025 Balanagammal ... Petitioner -vsThe Commissioner Dindigul Municipal Corporation Dindigul District ... Respondent PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorari to call for the records of the impugned order in Na.Ka.No. 39/2015/F1 dated 03.12.2025, on the file of the respondent and quash the same.

For Petitioner :

Ms.K.Swathini for Mr.S.Selva Aditya For Respondent :

Mr.J.Lawrance

O R D E R

[Order of the Court was made by DR.G.JAYACHANDRAN, J.] The notice, dated 03.12.2025, issued by the respondent - Corporation, directing the petitioner to remove the encroachment made by her in the subject land, is under challenge in this writ petition by stating that measurement of the subject land has not been done in her presence.

2. However, on perusal of the records, this Court finds that sufficient opportunities have been given to the petitioner and others, who have encroached upon the Government land and after a direction from this Court, the respondent - Corporation has taken action for removal of the encroachments in the subject land.

3. Learned counsel for the petitioner states that the petitioner still believes that she has constructed the building only in her patta land.

4. This Court is not inclined to interfere with the impugned notice issued by the respondent - Corporation. If at all the petitioner is of the view that the building constructed by her in the subject land is well within the

patta land, she can take necessary steps for measurement of the land for her satisfaction. We make it clear that the respondent - Corporation shall, after fully satisfied regarding the area of encroachment, take necessary action for removal of the encroachments made by the petitioner and others in the subject land, if they are not removing the encroachments on their own.

5. With the above observations, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed. [G.J., J.] [K.K.R.K., J.] 19.12.2025 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk

DR.G.JAYACHANDRAN, J.

AND K.K.RAMAKRISHNAN, J.

krk and W.M.P.(MD) Nos.29099, 29101 & 29103 of 2025 19.12.2025