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S.Nagarajan v. the Commissioner

Municipal land – Jurisdiction

Madras HC30 Mar 2026WP(MD)/12409/2018

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What is this about?

W.P.(MD)No.12409 of 2018, S.Nagarajan v. Commissioner, Paramakudi Municipality and District Collector, Ramanathapuram; writ of certiorarified mandamus under Article 226; prayer for patta for house at S.No.122/4, Gandhi Colony, Paramakudi via representation dated 06.04.2018; impugned notice dated 22.05.2018 quashed solely for want of show cause notice (natural justice); matter remanded to Commissioner, Paramakudi Municipality for fresh action as per law; decided 30.03.2026 by G.R.Swaminathan and R.Poornima, Madurai Bench of Madras High Court.

What did the court decide?

Quashing of the impugned notice dated 22.05.2018 and remittance of the matter to the file of the Commissioner, Paramakudi Municipality to take action afresh as per law; no costs awarded. ¶30

S.Nagarajan Vs the Commissioner — Writ and Judicial Review | Madras HC (2026)

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1 W.P.(MD)NO.12409 OF 2018

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 30.03.2026

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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 MRS.JUSTICE R.POORNIMA

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W.P.(MD)No.12409 of 2018

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S.Nagarajan ... Petitioner

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Vs.

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The Commissioner, Paramakudi Municipality, Paramakudi, Ramanathapuram District.

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The District Collector, Ramanathapuram District, Ramanathapuram. ... Respondents

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Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the proceedings of the impugned notice of the first respondent dated 22.05.2018 and quash the same and further direct the respondents to grant patta to the petitioner in respect of the petitioner's house situated within the S.No.122/4, Gandhi Colony, Paramakudi by considering the representation dated 06.04.2018.

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

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2 W.P.(MD)NO.12409 OF 2018

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For Petitioner : Mr.G.Prabhu Rajadurai

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For Respondents : Mr.K.Saravanan, Standing counsel for Paramakudi Municipality for R-1.

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Mr.T.Amjad Khan, Government Advocate for R-2.

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O R D E R

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(Order of the Court was delivered by G.R.SWAMINATHAN, J.)

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Heard both sides.

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We are satisfied that the land in question is a municipal land.

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Therefore, the Commissioner, Paramakudi Municipality will very much have the jurisdiction to take action. But then, the impugned notice is more in the nature of a final order. It was not preceded by any show cause notice. It has been specifically pleaded that for want of show cause notice, the petitioner could not put forth their objections.

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

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3 W.P.(MD)NO.12409 OF 2018

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On this sole ground, the impugned notice is quashed and the

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matter is remitted to the file of the Commissioner, Paramakudi Municipality to take action afresh as per law. This writ petition is allowed. No costs.

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(G.R.SWAMINATHAN, J.) & (R.POORNIMA, J.) 30^th March 2026 NCC : Yes / No Index : Yes / No Internet : Yes / No

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PMU

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To:

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The District Collector, Ramanathapuram District, Ramanathapuram.

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