Dismissed¶28

Natchiammal @ Malliga v. The Commissioner

Madras HC3 Jul 2025WP(MD)/18157/2025

Case brief

AI extract

What is this about?

Natchiammal @ Malliga v. Commissioner/Assistant Commissioner, Trichy Corporation & Tahsildar, Trichy West Taluk; W.P.(MD)No.18157 of 2025; Madurai Bench of Madras High Court; decided 03.07.2025 by S.M.Subramaniam J. (authoring judge) and A.D.Maria Clete J.; Article 226 writ of certiorari against encroachment-removal proceedings Na.Ka.No.2722/2025/E1(Va.Ku.A5); held writ not entertainable against notice absent incompetence/no jurisdiction or mala fides; petitioner directed to file explanation with authorities; dismissed, no costs; connected W.M.P.(MD)No.13901 of 2025 closed.

What did the court decide?

None; writ petition dismissed with no costs, with liberty to the petitioner to submit her explanation and documents to the competent authorities; connected miscellaneous petition closed. ¶28

Natchiammal @ Malliga Vs The Commissioner — Writ and Judicial Review | Madras HC (2025)

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W.P.(MD)No.18157 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 03.07.2025

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CORAM:

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THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND

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THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE

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W.P.(MD)No.18157 of 2025 and W.M.P.(MD)No.13901 of 2025

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Natchiammal @ Malliga

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... Petitioner

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Vs.

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1.The Commissioner, Trichy Corporatio, Trichy.

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2.The Assistant Commissioner, No.5 Ward Committee Office, Trichy Corporation, Trichy.

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3.The Tahsildar, Trichy West Taluk, Trichy.

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...Respondents

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PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records pertaining to the impugned proceedings of the 2^nd respondent in his proceedings in Na.Ka.No.2722/2025/E1(Va.Ku.A5), dated 30.06.2025 as illegal and quash the same.

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1/4

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.18157 of 2025

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For Petitioner : Mr.V.Karuna For R3 : Mr.J.Ashok, Additional Government Pleader

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ORDER

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(Order of the Court was made by S.M.SUBRAMANIAM, J. )

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The Assistant Commissioner / 2^nd respondent issued the impugned order

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dated 23.06.2025, which is received by the petitioner on 30.06.2025 for removing the encroachment.

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2.Such notice would not provide a cause for institution of the Writ proceedings. Noticee, on receipt of such notice, has to respond by submitting his / her explanation along with documents if any. No Writ is entertainable against the notice, unless it is issued by an incompetent authority having no jurisdiction or tainted with the allegation of mala fide . Thus, the petitioner is at liberty to submit her explanation along with documents if any and on receipt of the same, the authorities competent shall consider the same and thereafter, take a decision and pass final orders for removal of encroachments by following the procedures as contemplated under the Act.

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2/4

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.18157 of 2025

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3.With the above observations, this Writ Petition is dismissed. No costs.

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Consequently, connected miscellaneous petition is closed.

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(S.M.S., J.) & (A.D.M.C., J.) 03.07.2025