W.P.(MD) No.1882 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 31.01.2024
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
and
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.P.(MD) No.1882 of 2024
M.Krishnan @ Kicha ... Petitioner
-vs-
1.The District Collector,
Madurai District.
2.The Commissioner,
Melur Municipality,
Madurai District.
3.The District Revenue Officer,
Madurai District.
4.The Revenue Divisional Officer,
Melur @ Narasingampatti,
Melur Taluk,
Madurai District.
5.The Tahsildar,
Melur Taluk,
Madurai District.
6.S.Gopinath ... Respondents
____________
Page 1 of 6
https://www.mhc.tn.gov.in/judis
W.P.(MD) No.1882 of 2024
PRAYER: Petition filed under Article 226 of the Constitution of India, praying to
issue a Writ of Certiorarified Mandamus, to call for the records of the 2nd
respondent dated 10.01.2024 in Na.Ka.No.417/2022/F1 issued under Section
128(1)(b) & (2) of the Tamilnadu Urban Local Bodies Act, 1998 to remove the
encroachments made in Ward A, Block 20, Town Survey No.115, Anumarkovil
Street, Melur, Madurai District and to quash the same as illegal and in
consequentially direct the respondents 1 to 5 to include the Vinayagar Temple in
Town Survey No.115 by rectify error took place in the UDR Survey by
considering the petitioner's representation dated 07.07.2023 by providing fair
opportunity of being heard by following the principles of natural justice within a
stipulated time that may be fixed by this Court.
For Petitioner : Mr.R.Rajamohan
For Respondents : Mr.T.Amjadkhan,
Government Advocate for R1 to R5
O R D E R
[Order of the Court was made by D.KRISHNAKUMAR, J.]
The Writ Petition has been filed challenging the proceedings of the
2nd respondent dated 10.01.2024, in Na.Ka.No.417/2022/F1, issued under Section
128(1)(b) & (2) of the Tamilnadu Urban Local Bodies Act, 1998 to remove the
encroachments made in Ward A, Block 20, Town Survey No.115, Anumarkovil
____________
Page 2 of 6
https://www.mhc.tn.gov.in/judis
W.P.(MD) No.1882 of 2024
Street, Melur, Madurai District and consequentially, to direct the respondents 1 to
5 to include the Vinayagar Temple in Town Survey No.115, by rectifying the error
took place in the UDR Survey.
2. By consent of both sides, this Writ Petition is taken up for final
disposal at the time of admission itself. Considering the nature of the order
proposed to be passed in this Writ Petition, protecting the interests of the 6th
respondent also, notice to the 6th respondent is dispensed with.
3. According to the petitioner, he is the founder and Managing
Trustee of Sri Selva Vinayagar Temple situated at Anumarkovil Street, Melur,
Madurai District. The Government issued G.O.(Ms) No.64, Revenue and Disaster
Management Department, Land Disposal Wing, LD.6(2), dated 08.02.2022,
constituting Monitory Committees to dispose of the grievances relating to the
eviction of encroachment in Government lands. The Divisional Monitoring
Committee, chaired by the Revenue Divisional Officer, Melur has caused notice
to petitioner to appear for an enquiry on 02.01.2024 at 3.00 regarding the removal
of encroachment. Again the petitioner was called for enquiry on 22.01.2023 at
____________
Page 3 of 6
https://www.mhc.tn.gov.in/judis
W.P.(MD) No.1882 of 2024
3.00 p.m. While that being so, the respondent Municipality has served the
impugned notice to the petitioner to vacate the said Temple within 15 days,
failing which, penalty of Rs.20,000/- will be imposed on him and he should also
meet out the expenses for removing the encroachment.
5. Though, the learned Government Advocate appearing for the
respondents 1 to 5 strongly objected the contention of the petitioner, when this
Court raised a specific query as to when the issue is pending before the Divisional
Monitoring Committee constituted as per G.O.(Ms) No.64, Revenue and Disaster
Management Department, Land Disposal Wing, LD.6(2), dated 08.02.2022, and
the petitioner was called upon to appear for an enquiry on 22.01.2023, how, the
respondent Melur Municipality can issue the impugned notice on 10.10.2024,
there is no answer.
5. Therefore, when the entire issue is pending before the Divisional
Monitoring Committee constituted under G.O.(Ms) No.64, Revenue and Disaster
Management Department, Land Disposal Wing, LD.6(2), dated 08.02.2022, and
the petitioner was called for an enquiry on 22.01.2023, without getting orders
____________
Page 4 of 6
https://www.mhc.tn.gov.in/judis
W.P.(MD) No.1882 of 2024
from the Divisional Monitoring Committee, it is not proper on the part of the
respondent Municipality to issue the impugned notice, which is totally illegal and
arbitrary and is against law. In such circumstances, we have safely come to a
conclusion to quash the impugned notice.
6. Accordingly, the Writ Petition stands allowed and the impugned
notice of the 2nd respondent dated 10.01.2024, in Na.Ka.No.417/2022/F1, issued
under Section 128(1)(b) & (2) of the Tamilnadu Urban Local Bodies Act, 1998, is
quashed and the 4th respondent, who is the Chairman of the Divisional Monitory
Committee is directed to conclude the enquiry pursuant to the notice issued to the
petitioner on 26.12.2023 and 19.01.2024, after affording an opportunity of
hearing to the petitioner, the 6th respondent and any other parties and pass
appropriate orders on merits and in accordance with law and communicate the
decision taken to the Commissioner, Melur Municipality, Melur, for taking further
action. No costs. Consequently, connected Miscellaneous Petition is closed.
[D.K.K., J.] [R.V., J.]
31.01.2024
Index : Yes / No
Internet : Yes / No
SJ
____________
Page 5 of 6
https://www.mhc.tn.gov.in/judis
W.P.(MD) No.1882 of 2024
D.KRISHNAKUMAR , J .
and
R.VIJAYAKUMAR, J.
SJ
To
1.The District Collector,
Madurai District.
2.The Commissioner,
Melur Municipality,
Madurai District.
3.The District Revenue Officer,
Madurai District.
4.The Revenue Divisional Officer,
Melur @ Narasingampatti,
Melur Taluk,
Madurai District.
5.The Tahsildar,
Melur Taluk,
Madurai District.
W.P.(MD) No.1882 of 2024
31.01.2024
____________
Page 6 of 6
https://www.mhc.tn.gov.in/judis