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Mariyappan v. The Municipal Commissioner

Madras HC29 Jun 2026WP(MD)/27279/2022

Case brief

AI extract

What is this about?

WP(MD) No. 27279 of 2022; Mariyappan S/o. Arumugam v. Municipal Commissioner, Aruppukottai Municipality; encroachment removal order; absence of show cause notice; procedural fairness before executive action; writ of certiorari under Article 226 of the Constitution of India; quash and remit for fresh order in accordance with law; impugned order Na.Ka.No.6530-2022/F1 dated 24.11.2022; connected W.M.P.(MD) Nos. 21399 & 21401 of 2022; bench: G.R. Swaminathan and K.K. Ramakrishnan; decided 29-06-2026; no cases cited; no monetary quantum.

What did the court decide?

Impugned order quashed; matter remitted to the respondent to pass a fresh order on merits and in accordance with law; no costs; connected miscellaneous petitions closed. ¶24

Mariyappan Vs The Municipal Commissioner — Writ and Judicial Review | Madras HC (2026)

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WP(MD) No. 27279 of 2022

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 29-06-2026

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CORAM

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THE HON'BLE MR JUSTICE G.R.SWAMINATHAN AND

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THE HON'BLE MR JUSTICE K.K. RAMAKRISHNAN

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WP(MD) No. 27279 of 2022 and

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W.M.P.(MD)Nos.21399 & 21401 of 2022

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Mariyappan S/o. Arumugam, 7, Anbu Nagar, 7th Street, Weavers Colony, Aruppukottai, Virudhunagar District.

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..Petitioner(s)

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The Municipal Commissioner Aruppukottai Municipality, Aruppukottai, Virudhunagar District.

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..Respondent(s)

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Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records relating to the impugned order of the Respondent made in Na.Ka.No.6530-2022/F1 dated 24.11.2022 and quash the same as illegal.

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For Petitioner(s): No appearance.

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For Respondent(s): Mr.Jagadheesh

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Page1 of 4

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

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WP(MD) No. 27279 of 2022

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ORDER

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(Order of the Court was made by G.R.Swaminathan J.)

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None appears for the petitioner.

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The learned Standing counsel for the respondent states that he has returned the papers.

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We went through the contents of the impugned order. By the impugned order, the respondent has called upon the petitioner to remove the petition mentioned encroachment. It is so obvious from the face of the record that it was not preceded by any show cause notice. On the sole ground, the order impugned in the writ petition is quashed. The matter is remitted to the respondent to pass order afresh on merits and in accordance with law. This writ petition stands allowed. No costs. Consequently, connected miscellaneous petitions are closed.

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(G.R.S.,J.) (K.K.R.K.,J.) 29-06-2026

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Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No

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PMU

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__________ Page2 of 4

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

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WP(MD) No. 27279 of 2022