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2026 DAILYLAW 51158 (MAD)

S.Ebanesh Selvan v. The District Collector

WP(MD)/15504/2026 · 2026-07-15

M Dhandapani

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P(MD)No.15504 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.07.2026 CORAM: THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P(MD)No.15504 of 2026 and WMP (MD) Nos.14380 and 11600 of 2026 S.Ebanesh Selvan ... Petitioner(s) vs. 1. The District Collector, Kanniyakumari District Collectorate, Nagercoil, Nagercoil Village, Agastheeswaram Taluk, Kanniyakumari District. 2. The Superintendent of Police, Kanniyakumari District, Nagercoil Village, Agastheeswaram Taluk, Kanniyakumari District. 3. The Tahsildar, Vilavancode Taluk, Having its Office at Court Road, Kuzhithurai, Kuzhithurai Post, Kuzhithurai Town Village, Vilavancode Taluk, 1/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.15504 of 2026 Kanniyakumari District. 4. The Assistant Director (Town Panchayats), Kanniyakumari District Having its Office at Collectorate, Nagercoil, Nagercoil Village, Agastheeswaram Taluk, Kanniyakumari District. 5. The Executive Officer, Kadayal Town Panchayat Having its Office at Kadayalumoodu, Kadayal Post, Kaliyal Village, Vilavancode Taluk, Kanniyakumari District. 6. The President, Kadayal Town Panchayat Having its Office at Kadayalumoodu, Kadayal Post, Kaliyal Village, Vilavancode Taluk, Kanniyakumari District. 7. The Village Administrative Officer, Kaliyal Village, Kadayal Post, Kadayal Village, Vilavancode Taluk, Kanniyakumari District. ... Respondent(s) PRAYER : Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Certiorarified Mandamus calling for the records of the 5th respondent in the notice No.Na.Ka.No.199/2023/A1, dated 29.05.2026 and quash the same and direct the 5th Respondent to consider Petitioners representation dated 02.06.2026. 2/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.15504 of 2026 For Petitioner : Mr.R.John Joseph For R1, R3, R4, R7 : Mr.R.Ramasamy, Government Advocate For R5 : Mrs.K.R.Shivashankari, Government Advocate For R2 : Mr.R.Mohamed Riyaz, Govt. Adv. (Crl.side) O R D E R Challenging the proceedings of the fifth respondent dated 29.05.2026, the present writ petition has been filed by the petitioner. 2. The petitioner is running an integrated dairy farm, which includes a pig farm. Since the petitioner had not obtained the requisite licence, the fifth respondent issued the impugned proceedings dated 29.05.2026. Aggrieved by the said proceedings, the present writ petition has been filed. 3. The learned counsel appearing for the petitioner would submit that the petitioner had earlier challenged the show cause notice by filing W.P.(MD) No.30800 of 2024. This Court, by order dated 03.01.2025, directed the petitioner to submit his explanation to the show cause notice dated 14.12.2024. The respondents were, in turn, directed to consider the explanation, conduct an enquiry, pass appropriate orders on merits and in accordance with law and till 3/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.15504 of 2026 such time, not to take any coercive action against the petitioner. Pursuant to the said order, the respondents conducted an enquiry and thereafter passed the impugned proceedings dated 29.05.2026. Aggrieved by the same, the petitioner has filed the present writ petition. 4. Learned counsel for the petitioner would further submit that the petitioner has already applied for a licence under the provisions of the Tamil Nadu Urban Local Bodies Act, 1998 and the said application is still pending consideration. It is submitted that the petitioner is willing to submit a fresh application, if required, in terms of the relevant statutory provisions, before the second respondent and the petitioner is also ready to comply with any conditions that may be imposed while considering the application. Therefore, the learned counsel prayed that this Court may direct the second respondent to consider and dispose of the petitioner’s application for licence, after affording an opportunity of hearing, within a time frame to be fixed by this Court. The learned counsel further submitted that till such consideration, no coercive action may be taken against the petitioner. 4/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.15504 of 2026 5. The learned Government Advocate appearing for the fifth respondent fairly acceded to the said request. 6. Recording the said submission, the petitioner is granted liberty to submit a fresh application before the fifth respondent within one week from the date of receipt of a copy of this order. On receipt of such application, the fifth respondent shall consider the same, afford the petitioner an opportunity of hearing and pass appropriate orders on merits and in accordance with law within a period of six weeks thereafter. Until such orders are passed, no coercive action shall be taken against the petitioner. 7. Accordingly, the writ petition stands disposed of. No costs. Connected miscellaneous petitions are closed. 15.07.2026 NCC : Yes / No Index : Yes / No Internet : Yes PKN 5/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.15504 of 2026 To 1. The District Collector, Kanniyakumari District Collectorate, Nagercoil, Nagercoil Village, Agastheeswaram Taluk, Kanniyakumari District. 2. The Superintendent of Police, Kanniyakumari District, Nagercoil Village, Agastheeswaram Taluk, Kanniyakumari District. 3. The Tahsildar, Vilavancode Taluk, Having its Office at Court Road, Kuzhithurai, Kuzhithurai Post, Kuzhithurai Town Village, Vilavancode Taluk, Kanniyakumari District. 4. The Assistant Director (Town Panchayats), Kanniyakumari District Having its Office at Collectorate, Nagercoil, Nagercoil Village, Agastheeswaram Taluk, Kanniyakumari District. 5. The Executive Officer, Kadayal Town Panchayat Having its Office at Kadayalumoodu, Kadayal Post, Kaliyal Village, Vilavancode Taluk, Kanniyakumari District. 6/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.15504 of 2026 6. The President, Kadayal Town Panchayat Having its Office at Kadayalumoodu, Kadayal Post, Kaliyal Village, Vilavancode Taluk, Kanniyakumari District. 7. The Village Administrative Officer, Kaliyal Village, Kadayal Post, Kadayal Village, Vilavancode Taluk, Kanniyakumari District. 7/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.15504 of 2026 M.DHANDAPANI ,J. PKN ORDER MADE IN W.P(MD)No.15504 of 2026 DATED : 15.07.2026 8/8 https://www.mhc.tn.gov.in/judis