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Saliyar Magajana Sangam v. the Asst Engineer

Madras HC26 Jun 2025WP(MD)/2808/2020

Case brief

AI extract

What is this about?

Madras High Court, Madurai Bench; W.P.(MD)Nos.2808, 2824 & 2828 of 2020 (26.06.2025); eviction notice dated 30.01.2020 quashed for want of Form-II notice; principles of natural justice; survey not in presence of occupiers; Article 226 certiorari; remand to respondents (PWD Water Resource Department / Tahsildar, Rajapalayam, Virudhunagar District) to act as per law; no costs; connected miscellaneous petitions closed.

What did the court decide?

Impugned eviction notice dated 30.01.2020 quashed; matter remitted to the file of the respondents with liberty to take action as per law; no costs; connected miscellaneous petitions closed. ¶22

Saliyar Magajana Sangam Vs the Asst Engineer — Writ and Judicial Review | Madras HC (2025)

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1 W.P.(MD)NO.2808 OF 2020

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 26.06.2025

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CORAM

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THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

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AND

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THE HON'BLE MR.JUSTICE B.PUGALENDHI W.P.(MD)Nos.2808, 2824 & 2828 of 2020

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and

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W.M.P.(MD)Nos.2374, 2375, 2389,2390, 2393 & 2394 of 2020

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Saliyar Magajana Sangam, Nadu Theru Keelpahudhi, Rep. by its President K.Sundararajan. ... Petitioner in all WPs.

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Vs.

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The Assistant Engineer, PWD/Water Resource Department, Malvaiparu Irrigation Division-I, Rajapalayam, Virudhunagar District.

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The Tahsildar, Taluk Office, Rajapalayam Town, Virudhunagar District. ... Respondents in all WPs.

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Common Prayer: Writ petitions filed under Article 226 of the Constitution of India, issuing a Writ of Certiorari, calling for the records relating to the impugned eviction notice dated 30.01.2020 on the file of the respondent herein and to quash the same as illegal and arbitrary.

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

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2 W.P.(MD)NO.2808 OF 2020

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(in all Wps.) For Petitioner : Mr.M.Thirunavukkarasu For Respondents : Mr.S.Vinoth, Government Advocate. * * *

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C O M M O N O R D E R

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Heard both sides.

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The prime ground of attack in all these petitions is that the

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impugned eviction action is not in consonance with the principles of natural justice. In particular, the learned counsel would contend that survey was not done in their presence. They also have few other points to urge in their favour at this stage. Since we are satisfied that there was no issuance of Form-II notice, the impugned eviction notice is quashed. The matter is remitted to the file of the respondents. It is open to the respondents to take action as per law. These writ petitions stand disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed.

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(G.R.SWAMINATHAN, J.) & (B.PUGALENDHI, J.) 26^th June 2025

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NCC : Yes / No Index : Yes / No Internet : Yes/ No PMU

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

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