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2025 DAILYLAW 217485 (MAD)

Kathirvel v. The District Collector

WP(MD)/32818/2025 · 2025-11-17

Anita Sumanth, C Kumarappan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.(MD)No.32818 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.11.2025 CORAM: THE HONOURABLE DR.JUSTICE ANITA SUMANTH AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN W.P.(MD)No.32818 of 2025 and WMP(MD)No.25884 of 2025 Kathirvel ... Petitioner /Vs./ 1. The District Collector, Trichy District, Trichy. 2. The Tashildar, Manapparai Taluk, Manapparai, Trichy District. 3. The Commissioner, Manapparai Municipality, Manapparai, Trichy District. ... Respondents PRAYER:- Writ Petition - filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records 1/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.32818 of 2025 in pertaining to the impugned order of the 3rd Respondent vide proceedings in Na.Ka.No. 1105/2025 dated 24.10.2025 and quash the same as illegal and directing the 3rd Respondent not to evict the Petitioner in Old S.F Nos. 723, 724 (P) and 837, new Town S.F.Nos. 4, 5, 7 and other survey numbers situated at G-Ward, Sevalur Village (P), Manapparai Municipality, Manapparai, Trichy District without following any due process of law and consider his representation dated 10.11.2025. For Petitioner : Mr.T.Vadivelan For Respondents : Mr.J.Ashok (R1 & R2) Additional Government Pleader Mr.M.Siddharthan (R3) Standing Counsel ORDER (Order of the Court was made by DR.ANITA SUMANTH, J.) Mr.J.Ashok, learned Additional Government Pleader accepts notice for R1 & R2 and Mr.M.Siddharthan, learned Standing Counsel accepts notice for R3. 2. Both learned counsel appearing for the respondents point out that this writ petition is premature, since the impugned proceedings 2/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.32818 of 2025 in Na.Ka.No.1105/2025 dated 24.10.2025 is a notice under Section 128(ii) of the Tamil Nadu Urban Local Bodies Act, 1998 ('Act'). Infact, the petitioner has also given a reply to the same on 10.11.2025, to the effect that the subject properties in Old S.F Nos. 723, 724 (P) and 837, new Town S.F.Nos. 4, 5, 7 and other survey numbers situated at G-Ward, Sevalur Village (P), Manapparai Municipality, Manapparai, Trichy District, are patta lands, as against which, no proceedings would lie under the provisions of the Act. 3. Hence, they would submit that the impugned proceedings may be viewed as a notice and in light of the reply filed by the petitioner on 10.11.2025, proceedings will be continued in accordance with law. 4. We record the submission of the respondents' counsel, particularly, Mr.M.Siddharthan, learned Standing Counsel who appers for the contesting respondent. 5. Let the petitioner be heard and the proceedings be taken to a logical conclusion in terms of the provisions of the Act, and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. 3/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.32818 of 2025 6. This writ petition stands closed. No costs. Connected miscellaneous petition is closed. [A.S.M.J.,] & [C.K.J.,] 17.11.2025 NCC :Yes/No Index :Yes/No sm 4/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.32818 of 2025 TO:- 1. The District Collector, Trichy District, Trichy. 2. The Tashildar, Manapparai Taluk, Manapparai, Trichy District. 3. The Commissioner, Manapparai Municipality, Manapparai, Trichy District. 5/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.32818 of 2025 DR.ANITA SUMANTH, J. AND C.KUMARAPPAN, J. sm Order made in W.P.(MD)No.32818 of 2025 Dated: 17.11.2025 6/6 https://www.mhc.tn.gov.in/judis