Petitioner challenged an inter-departmental communication seeking police protection for removal of unauthorised construction. Holding such communication furnishes no cause for writ proceedings, the Division Bench dismissed the writ petition and closed connected miscellaneous petitions, permitting authorities to continue enforcement.
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W.P.(MD)No.20288 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 24.07.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
AND
THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE
W.P.(MD)No.20288 of 2025 and W.M.P.(MD)No.15695 & 15697 of 2025
V.Palanisamy ... Petitioner
Vs.
The Government of Tamil Nadu, No.5, Kamarajar Salai, Chepauk, Chennai-600 005.
2.The Commissioner, Tenkasi Municipality, Tenkasi District.
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W.P.(MD)No.20288 of 2025
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records in the impugned notice issued by the 2nd respondent in Na.Ka.No.63/2021/F1, dated 02.07.2025 and quash the same as illegal within a time frame fixed by this Court.
For Petitioner : Mr.M.M.Manivelpandian For R1 : Mr.S.P.Maharajan, Special Government Pleader For R2 : Mr.P.Athimoolapandian For R3 & R4 : Mr.T.Senthil Kumar, Additional Public Prosecutor
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM, J. )
The Writ on hand has been instituted, challenging the inter-departmental
communication, seeking Police protection to complete the enforcement action initiated for removal of unauthorized construction.
2.The very same petitioner earlier has filed W.P.(MD)No.5186 of 2025 & 12385 of 2024. This Court passed orders on 11.06.2025, dismissing the Writ Petitions. Thus, the authorities competent have continued the enforcement actions. In order to complete the enforcement action, Police protection was sought
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for by the Commissioner of Tenkasi Municipality and the said order came to be challenged in the present Writ Petition. The said inter-departmental communication, seeking Police protection would provide no cause for institution of Writ proceedings and therefore, the authorities competent shall proceed with all further actions.
Consequently, connected miscellaneous petitions are closed.
(S.M.S., J.) & (A.D.M.C., J.)
24.07.2025
NCC : Yes / No
Index : Yes / No
Yuva
To
(The Department of Housing and Urban Development), The Government of Tamil Nadu, No.5, Kamarajar Salai, Chepauk, Chennai-600 005.
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W.P.(MD)No.20288 of 2025
S.M.SUBRAMANIAM, J.
AND
DR.A.D.MARIA CLETE, J.
Yuva
W.P.(MD)No.20288 of 2025
24.07.2025
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1 issue framed by the court
Whether an inter-departmental communication seeking police protection for enforcement against unauthorised construction is amenable to a writ petition under Article 226?
1 provisions across 1 enactments
V.Palanisamy
The Secretary, Department of Housing and Urban Development, Government of Tamil Nadu
The Commissioner, Tenkasi Municipality
The Assistant Commissioner of Police, Tenkasi City
The Inspector of Police, Town Police Station, Tenkasi
S.M.Subramaniam
A.D.Maria Clete
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
