Dismissed¶29

S.B.Kesavan v. The District Collector

Madras HC22 Jan 2026WP(MD)/854/2026

Case brief

AI extract

What is this about?

Eviction notice by Tahsildar, Paramakudi; occupation of water body (Marugal Odai) at survey No.35, Block No.19, Ward No.H, Paramakudi Municipality; writ of certiorarified mandamus under Article 226; notice issued pursuant to direction in W.P.(MD)No.18279 of 2021 (order dated 16.07.2024); petition dismissed; eight months' time to vacate on undertaking affidavit.

What did the court decide?

Eight months' time to vacate, subject to the petitioner filing an undertaking affidavit before the Tahsildar, Paramakudi that he will vacate on his own; eviction proceedings on hold till then; no costs; connected miscellaneous petitions closed. ¶29

S.B.Kesavan Vs The District Collector — Writ and Judicial Review | Madras HC (2026)

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1 W.P.(MD)NO.854 of 2026

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 22.01.2026

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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 MR.JUSTICE B.PUGALENDHI

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W.P.(MD)No.854 of 2026 and W.M.P.(MD)No.699 & 700 of 2026

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S.B.Kesavan ... Petitioner

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Vs.

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The District Collector, Ramanathapuram District, Ramanathapuram.

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The Tahsildar, Paramakudi Taluk, Paramakudi, Ramanathapuram District.

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The Commissioner, Paramakudi Municipality, Paramakudi, Ramanathapuram District. ... Respondents

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Prayer: Writ petition is 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 second respondent in Na.Ka.A3/9308/2022 dated 09.12.2025 and quash the same as illegal and consequently forbearing the second respondent

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

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2 W.P.(MD)NO.854 of 2026

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from evicting the petitioner from his property in survey No.35, Block No.19, Ward No.H of Paramakudi Municipality.

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For Petitioner : Mr.SP.Vijaynivas

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For Respondents : Mr.G.V.Vairam Santhosh, Additional Government Pleader for R-1 & R-2. Mr.K.Saravanan, Standing counsel for R-3. * * *

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O R D E R

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Heard the learned counsel appearing for the writ petitioner

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and the learned Additional Government Pleader appearing for the respondents 1 and 2 and the Standing counsel appearing for the official respondents.

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Vide notice dated 09.12.2025, the Tahsildar, Paramakudi had called upon the noticees including the petitioner herein to vacate from T.S.No.35 Part, Block No.19, Ward No.H of Paramakudi Municipality.

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The very issuance of the notice is pursuant to the direction given by us in W.P.(MD)No.18279 of 2021 vide order 16.07.2024. It is also seen that survey No.35 is Marugal Odai which is a water body. Therefore, the occupation of the petitioner would clearly fall under

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

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3 W.P.(MD)NO.854 of 2026

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an objectionable category. We do not find any ground to interdict the Tahsildar, Paramakudi from proceeding further in the matter. This writ petition stands dismissed.

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After we dismissing the writ petition, the petitioner's counsel submitted that the petitioner's residence is at stake and therefore, sufficient time may be given to find out an alternate accomodation. Subject to the petitioner filing an undertaking affidavit before the Tahsildar, Paramakudi that he would vacate the premises in question on his own within a period of eight months from the date of receipt of a copy of this order, the Tahsildar will put the eviction proceedings on hold till then. No costs. Consequently, connected miscellaneous petitions are closed.

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(G.R.SWAMINATHAN, J.) & (B.PUGALENDHI, J.) 22^nd January 2026 NCC : Yes / No Index : Yes / No Internet : Yes / No PMU

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G.R.SWAMINATHAN, J.

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

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