A.Navaneethakrishnan Vs The Commissioner — Writ and Judicial Review | Madras HC (2025)

A.Navaneethakrishnan Vs The Commissioner — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Writ Petition disposed of with directions to respondents 1 to 3 to complete the enforcement exercise in accordance with statutory procedures, affording due opportunity to all concerned parties, within twelve weeks from receipt of a copy of the order; no order as to costs; notice to respondents 4 to 6 dispensed with.

Issue for consideration

Whether respondents 1 to 3 should be directed to act on the petitioner's representations dated 08.06.2025 and 24.06.2025 and take steps to remove the encroachments made by respondents 4 to 6 on the 25 feet public road situated at S.No.512/11A1B of Avaniyapuram Village, Madurai South Taluk, belonging to the Madurai Corporation.

Court's answer

Since the Corporation's standing counsel stated that the survey had already been concluded, all further actions are to be carried out by following the procedures contemplated under the applicable statutes and rules, and by affording due opportunity to all the concerned parties.

Ratio / Principle

The said exercise (survey-based enforcement action on identification of unauthorised constructions or encroachments on public land) is directed to be completed within twelve weeks from the date of receipt of a copy of the order.

Detailed headnote1 paragraphs

Mandamus — encroachment on public road — Petitioner sought direction to Madurai Corporation authorities and the Tahsildar to remove encroachments by private respondents on a 25 feet public road in S.No.512/11A1B, Avaniyapuram Village, Madurai South Taluk, belonging to the Corporation, pursuant to his representations dated 08.06.2025 and 24.06.2025 — Corporation's standing counsel informed the Court that a survey of the subject property had already been conducted by the competent authorities — HELD: all further actions to identify unauthorised constructions/encroachments on public land and enforce against them are to follow the procedures contemplated under the applicable statutes and rules, with due opportunity to all concerned parties; the entire exercise to be completed within twelve weeks from receipt of a copy of the order — Notice to the alleged encroachers (respondents 4 to 6) dispensed with in view of the limited relief — Writ Petition disposed of; no costs.

W.P(MD)No.18512 of 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 08.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and

THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE

W.P(MD)No.18512 of 2025

A.Navaneethakrishnan

... Petitioner

vs.

1.The Commissioner, Madurai City Municipal Corporation, Arignar Anna Maaligai, Thallakulam,

Madurai – 625 002.

2.The Assistant Commissioner, Office of the Assistant Commissioner, Zone No.5 (West), Thirupparankundram, Madurai Corporation, Madurai – 625 005.

3.The Tahsildar, Madurai South Taluk Office, Madurai District.

4.N.Marichaamy

5.G.Saraswathy 6.A.Thirumoorthy ... Respondents

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PRAYER :

W.P(MD)No.18512 of 2025

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents 1 to 3 herein to remove the encroachments made by the respondents 4 to 6 on 25 feet public road situated at S.No.512/11A1B of Avaniyapuram Village, Madurai South Taluk, Madurai District belongs to the Madurai Corporation by considering the representations of the petitioner dated 08.06.2025 and 24.06.2025 within the time stipulated by this Court.

For Petitioner : Mr.C.Gangai Amaran For RR 1 & 2 : Mr.S.Vinayak Standing Counsel For R – 3 : Mr.J.Ashok Additional Government Pleader

ORDER

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

Mr.S.Vinayak, learned counsel takes notice for the respondents 1 and 2 and Mr.J.Ashok, learned Additional Government Pleader takes notice for the third respondent. Considering the limited relief sought for by the petitioner, notice to the respondents 4 to 6 is dispensed with.

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W.P(MD)No.18512 of 2025

2.The writ on hand has been instituted to direct the respondents 1 to

3 herein to remove the encroachments made by the respondents 4 to 6 on a 25 feet public road situated in S.No.512/11A1B of Avaniyapuram Village, Madurai South Taluk, Madurai District, which belongs to the Madurai Corporation by considering the representations of the petitioner dated 08.06.2025 and 24.06.2025.

3.The learned standing counsel appearing for the respondents 1 and 2/Madurai Corporation would submit that a survey has been conducted by the competent authorities in respect of the subject property. Therefore, all further enforcement actions will be taken on identification of unauthorized constructions or encroachments on public land.

4.Since the learned standing counsel made a submission that the survey has already been concluded, all further actions are to be carried out by following the procedures as contemplated under the statutes and rules and by affording due opportunity to all the concerned parties. The said exercise is directed to be completed within a period of twelve weeks from the date of receipt

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W.P(MD)No.18512 of 2025

of a copy of this order.

5.With the above, directions, this Writ Petition is disposed of. There

shall be no order as to costs.

[S.M.S.,J.] & [A.D.M.C.,J.] 08.07.2025

NCC : Yes / No Index : Yes / No Internet : Yes ps

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W.P(MD)No.18512 of 2025

To

1.The Commissioner, Madurai City Municipal Corporation, Arignar Anna Maaligai, Thallakulam,

Madurai – 625 002.

2.The Assistant Commissioner, Office of the Assistant Commissioner, Zone No.5 (West), Thirupparankundram, Madurai Corporation, Madurai – 625 005.

3.The Tahsildar, Madurai South Taluk Office, Madurai District.

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W.P(MD)No.18512 of 2025

S.M.SUBRAMANIAM, J. and DR.A.D.MARIA CLETE, J.

ps

ORDER MADE IN W.P(MD)No.18512 of 2025

DATED : 08.07.2025

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