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Sabar Nisha.a v. The Commissioner

Madras HC27 Jun 2025WP(MD)/5062/2022

Case brief

AI extract

What is this about?

Writ of Mandamus; forbearance from survey and construction of compound wall; alleged encroachment by Municipality during pendency of writ petition; Commissioner, Melur Municipality; Tahsildar and Head Surveyor, Melur, Madurai; Article 226 of the Constitution of India; property 2392 sq. ft. (5.50 cents), Survey Nos.311/2A, 311/2B, 311/2C, Town Survey Nos.1/5, 6, 7, Ward B, Muniyandikovil Street, Mugamathiyapuram, Sivagangai Road, Melur; writ petition closed without expressing opinion on merits; liberty to work out remedy in manner known to law; no costs; connected W.M.P.(MD)No.4130 of 2022 closed.

What did the court decide?

Writ Petition closed with liberty to the petitioner to work out her remedy in the manner known to law; no order as to costs; connected miscellaneous petition closed. ¶29

Sabar Nisha.a Vs The Commissioner — Writ and Judicial Review | Madras HC (2025)

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W.P.(MD) No.5062 of 2022

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BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT

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DATED: 27.06.2025

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CORAM

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THE HONOURABLE MR. JUSTICE S.SOUNTHAR

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W.P.(MD) No.5062 of 2022 and W.M.P.(MD)No.4130 of 2022

A.Sabar Nisha

... Petitioner

The Commissioner, Melur Municipality, Melur, Madurai District.

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The Tahsildar, O/o. the Tahsildar Office, Melur, Madurai.

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The Head Surveyor, O/o. the Tahsildar Office, Melur, Madurai. ... Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to forbear the Respondents from surveying and putting up the compound wall in the petitioners peaceful enjoyment of the house admeasuring to an extent of 2392 Square Feet (5.50 Cents) situated in Survey Nos.311/2A, 311/2B, and 311/2C and Town Survey Nos.1/5,6,7, Ward B, Muniyandikovil Street, Mugamathiyapuram, Sivagangai Road, Melur, Maduai District within the period that may be stipulated by this Court.

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

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W.P.(MD) No.5062 of 2022

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For Petitioner : Mr.V.Karthik Raja for M/s.Ajmal Associates For Respondents : Mr.R.Pandiya Rajan for R1 Mrs.K.Malathi, Addl. Govt. Pleader for R2 & R3

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O R D E R

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This Writ Petition has been filed seeking issuance of Writ of Mandamus forbearing the respondents from surveying and putting up a compound wall in the subject property.

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2. Heard the arguments of Mr. V.Karthik Raja , learned counsel for

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the petitioner, Mr .R.Pandiya Rajan, learned counsel for the first respondent and Mrs.K.Malathi, learned Additional Government Pleader, appearing for the respondents 2 and 3.

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3. The learned counsel appearing for the petitioner would submit

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that subsequent to the filing of the Writ Petition, the first respondent encroached a portion of the subject property and put up a compound wall. Therefore, liberty may be given to the petitioner to workout her remedy against the construction put up by the first respondent.

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

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W.P.(MD) No.5062 of 2022

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4 . In view of the same, without expressing any opinion on the

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merits of the matter, this Writ Petition is closed with liberty to the petitioner to work out her remedy in the manner known to law. There

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shall be no order as to costs. Consequently, connected miscellaneous petition is closed.