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2026 DAILYLAW 58338 (MAD)

Jebaraj A v. The District Collector

WP(MD)/21432/2026 · 2026-07-28

M Dhandapani

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P(MD)No.21432 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.07.2026 CORAM THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P(MD)No.21432 of 2026 and W.M.P(MD)Nos.15908, 15911 & 15912 of 2026 1.A.Jebaraj 2.T.Reegan 2.Dileep Kumar ... Petitioners Vs 1.The District Collector, The District Collector Office, Nagercoil, Kanyakumari District. 2.The Assistant Director of Town Panchayat, Nagercoil, Kanyakumari District. 3.The First Level Town Panchayat, Arumanai, Kanyakumari District. 4.The Tahsildar, Vilavancode Taluk, Kuzhithurai, Kanyakumari District. 1/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.21432 of 2026 5.The Assistant Director of Animal Husbandry Department, Thuckalay at Swamiaramadam, Kanyakumari District. 6.The Inspector of Police, Arumanai Police Station, Kanyakumari District. 7.The Executive Officer, Arumanai Selection Grade Town Panchayat, Kanyakumari District. ... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned eviction notice on the file of the third respondent in proceedings in Na.Ka.No.64/2022/A2 dated 07.05.2026 and to quash the same and consequently direct the third respondent not to interfere in the peaceful running of the petitioners' pig farm. For Petitioners : Mr.N.Edwin Jeyakumar For Respondents : Mrs.K.R.Shivashankari (R1 to R5 & R7) Counsel for Government of Tamil Nadu : Mr.R.Mohamed Riyaz (R6) Government Advocate (Criminal Side) ORDER W.M.P.(MD) No.15908 of 2026 has been filed seeking permission to file a single Writ Petition is ordered. 2/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.21432 of 2026 2.This Writ Petition has been filed seeking to quash the impugned eviction notice issued by the third respondent dated 07.05.2026 and consequently direct the third respondent not to interfere with the peaceful running of the petitioners' pig farm. 3.The learned counsel appearing for the petitioners submitted that the petitioners are running a small pig farm at Arumanai Village, Kanyakumari District. It is submitted that the said pig farm was sealed by the third respondent on the ground that the petitioners did not possess a valid licence for running the pig farm. Challenging the same, the present Writ Petition has been filed. 4.The learned counsel appearing for the petitioners further submitted that the petitioners had already submitted an application dated 25.11.2024 before the competent authority seeking approval, building plan permission, and licence for running the pig farm. Without considering the said application, the third respondent proceeded to pass the impugned order 3/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.21432 of 2026 sealing the petitioners' premises, which is unsustainable in law. Accordingly, he prayed for appropriate orders. 5.Per contra, the learned counsel for Government of Tamil Nadu appearing for the respondents 1 to 5 submitted that running a pig farm without obtaining a valid licence is impermissible. It is further submitted that the very same impugned order was earlier challenged by the petitioners before this Court in W.P.(MD) No.20605 of 2026, and the said Writ Petition was withdrawn without obtaining any liberty from this Court. Therefore, filing another Writ Petition challenging the very same order is not maintainable. 6.This Court has considered the rival submissions and perused the materials available on record. 7.Admittedly, the petitioners were running the pig farm without obtaining a valid licence from the competent authority. Therefore, the action 4/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.21432 of 2026 of the third respondent in sealing the premises cannot be said to be without authority of law. Further, the petitioners had already challenged the very same impugned order in W.P(MD)No.20605 of 2026 and withdrawn the same without seeking any liberty to file a fresh Writ Petition. Hence, the relief sought for in the present Writ Petition cannot be granted. 8.Accordingly, this Writ Petition is dismissed. However, liberty is granted to the petitioners to submit an appropriate application before the competent authority seeking issuance of licence for running the pig farm. If any such application is submitted, the same shall be considered by the competent authority on merits and in accordance with law and appropriate orders shall be passed. There shall be no order as to costs. Consequently, connected W.M.P(MD)Nos.15911 & 15912 of 2026 are closed. 28.07.2026 NCC : Yes / No Index : Yes / No 5/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.21432 of 2026 ps To 1.The District Collector, The District Collector Office, Nagercoil, kanyakumari District. 2.The Assistant Director of Town Panchayat, Nagercoil, Kanyakumari District. 3.The First Level Town Panchayat, Arumanai, Kanyakumari District. 4.The Tahsildar, Vilavancode Taluk, Kuzhithurai, Kanyakumari District. 5.The Assistant Director of Animal Husbandry Department, Thuckalay at Swamiaramadam, Kanyakumari District. 6.The Inspector of Police, Arumanai Police Station, Kanyakumari District. 7.The Executive Officer, 6/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.21432 of 2026 Arumanai Selection Grade Town Panchayat, Kanyakumari District. 7/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.21432 of 2026 M.DHANDAPANI, J. ps W.P(MD)No.21432 of 2026 28.07.2026 8/8 https://www.mhc.tn.gov.in/judis