L.Muniyasamy v. The District Collector

1 W.P.(MD)NO.855 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.01.2026

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MR.JUSTICE B.PUGALENDHI W.P.(MD)No.855 of 2026 and W.M.P.(MD)No.702 & 704 of 2026 L.Muniyasamy ... Petitioner Vs.

1. The District Collector, Ramanathapuram District, Ramanathapuram.

2. The Tahsildar, Paramakudi Taluk, Paramakudi, Ramanathapuram District.

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

... Respondents Prayer: Writ petition is 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 second respondent in Na.Ka.A3/9308/2022 dated 09.12.2025 and quash the same as illegal and consequently forbearing the second respondent 1/5

2 W.P.(MD)NO.855 of 2026 from evicting the petitioner from his property in survey No.35, Block No.19, Ward No.H of Paramakudi Municipality.

For Petitioner : Mr.SP.Vijaynivas For Respondents : Mr.G.V.Vairam Santhosh, Additional Government Pleader for R-1 & R-2.

Mr.K.Saravanan, Standing counsel for R-3.

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O R D E R

Heard the learned counsel appearing for the writ petitioner and the learned Additional Government Pleader appearing for the respondents 1 and 2 and the Standing counsel appearing for the official respondents.

2. Vide notice dated 09.12.2025, the Tahsildar, Paramakudi had called upon the noticees including the petitioner herein to vacate from T.S.No.35 Part, Block No.19, Ward No.H of Paramakudi Municipality.

3. The very issuance of the notice is pursuant to the direction given by us in W.P.(MD)No.18279 of 2021 vide order 16.07.2024. It is also seen that survey No.35 is Marugal Odai which is a water body. Therefore, the occupation of the petitioner would clearly fall under 2/5

3 W.P.(MD)NO.855 of 2026 an objectionable category. We do not find any ground to interdict the Tahsildar, Paramakudi from proceeding further in the matter. This writ petition stands dismissed.

4. After we dismissing the writ petition, the petitioner's counsel submitted that the petitioner's residence is at stake and therefore, sufficient time may be given to find out an alternate accomodation. Subject to the petitioner filing an undertaking affidavit before the Tahsildar, Paramakudi that he would vacate the premises in question on his own within a period of eight months from the date of receipt of a copy of this order, the Tahsildar will put the eviction proceedings on hold till then. No costs. Consequently, connected miscellaneous petitions are closed. (G.R.SWAMINATHAN, J.) & (B.PUGALENDHI, J.) 22nd January 2026 NCC : Yes / No Index : Yes / No Internet : Yes / No PMU 3/5

4 W.P.(MD)NO.855 of 2026 To:

1. The District Collector, Ramanathapuram District, Ramanathapuram.

2. The Tahsildar, Paramakudi Taluk, Paramakudi, Ramanathapuram District.

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5 W.P.(MD)NO.855 of 2026 G.R.SWAMINATHAN, J.

AND B.PUGALENDHI, J.

PMU W.P.(MD)No.855 of 2026 22.01.2026 5/5