Dismissed¶30

M.Dharmalingam v. The District Collector

Madras HC22 Jan 2026WP(MD)/856/2026

Case brief

AI extract

What is this about?

Paramakudi Municipality eviction; Tahsildar Paramakudi notice 09.12.2025; Na.Ka.A3/9308/2022; Marugal Odai water body; survey No.35 Block No.19 Ward No.H; encroachment objectionable category; Article 226 certiorarified mandamus; W.P.(MD)No.18279 of 2021 order 16.07.2024 direction; eight months to vacate; undertaking affidavit; eviction proceedings on hold; District Collector Ramanathapuram; Commissioner Paramakudi Municipality; writ petition dismissed; Madras High Court Madurai Bench; G.R.Swaminathan; B.Pugalendhi; 22.01.2026.

What did the court decide?

Eight months' time to vacate, conditioned on the petitioner filing an undertaking affidavit before the Tahsildar, Paramakudi that he will vacate the premises on his own within that period; eviction proceedings on hold till then; no costs; connected miscellaneous petitions closed. ¶30

M.Dharmalingam Vs The District Collector — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the proceedings of the second respondent in Na.Ka.A3/9308/2022 dated 09.12.2025 (notice directing the petitioner to vacate) are illegal and liable to be quashed. +1 more

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Ratio / Principle

Survey No.35 is Marugal Odai, a water body, and the petitioner's occupation falls under an objectionable category; the Court finds no ground to interdict the Tahsildar, Paramakudi from proceeding further in the matter and dismisses the writ petition.

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Key takeaways

Considering that the petitioner's residence is at stake, the Tahsildar will put the eviction proceedings on hold, subject to the petitioner filing an undertaking affidavit before the Tahsildar, Paramakudi that he will vacate the premises on his own within eight months from receipt of a copy of the order.ratio¶31

Detailed headnote1 paragraphs

Writ petition under Article 226 of the Constitution of India seeking a Writ of Certiorarified Mandamus to quash the Tahsildar, Paramakudi's notice dated 09.12.2025 (proceedings Na.Ka.A3/9308/2022) directing the petitioner to vacate T.S.No.35 Part, Block No.19, Ward No.H of Paramakudi Municipality, and to forbear his eviction, is dismissed. The notice was issued pursuant to the direction given by the same bench in W.P.(MD)No.18279 of 2021 vide order dated 16.07.2024. The Court recorded that survey No.35 is Marugal Odai, a water body, so the petitioner's occupation falls under an objectionable category, and found no ground to interdict the Tahsildar from proceeding further. However, on the petitioner's plea that his residence is at stake, the Court held that, subject to the petitioner filing an undertaking affidavit before the Tahsildar, Paramakudi that he would vacate the premises on his own within eight months from receipt of a copy of the order, the Tahsildar will put the eviction proceedings on hold till then. No costs; connected miscellaneous petitions closed. Bench: G.R.Swaminathan and B.Pugalendhi, JJ.; decided 22.01.2026.

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1 W.P.(MD)NO.856 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.856 of 2026 and W.M.P.(MD)No.727 & 728 of 2026

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M.Dharmalingam ... 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.856 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 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

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petitioner and the learned Additional Government Pleader appearing

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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

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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

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

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3 W.P.(MD)NO.856 of 2026

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also seen that survey No.35 is Marugal Odai which is a water body. Therefore, the occupation of the petitioner would clearly fall under 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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https://www.mhc.tn.gov.in/judis

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4 W.P.(MD)NO.856 of 2026

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To:

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