Muhammad Yusuf Sidiq v. The Commissioner

ORDER (Order of the Court was made by C.V.KARTHIKEYAN, J.) The writ petition has been filed in the nature of Certiorari seeking the records with respect to an order passed by the 2nd respondent Assistant Commissioner, Tirunelveli Corporation dated 24.01.2026 and the impugned order dated 25.02.2026 and to quash the same.

¶2In the affidavit filed in support of the writ petition, it had been stated that the land measuring 3.44 acres in S.No.25/C at Melapalayam Village, Tirunelveli belongs to one Manji Sahul Hameed Tharagan and his brother Manji Mohideen Pillai Tharagan. It had been stated that the wife of the petitioner purchased a piece of land measuring 19 cents in the year 2016 in S.No.25/C now in TS No.92 further subdivided as 92/2 AR Block No.18 at Melapalayam Village, Tirunelveli District from the grandson of Manji sahul Hameed Tharagan through a registered sale deed in Doc.No.115/2016. Thereafter the wife of the petitioner executed a settlement deed in favour of the petitioner on 21.12.2016. The petitioner had executed another settlement deed in favour of his son on 03.01.2017. It is contended that the son of the petitioner constructed a Marriage Hall named K.S.Mahal and on

19.09.2021, applied for building plan permission. It had been contended that while the planning permission was pending, consequent to an order in WP(MD) No.23541/2021, the impugned notices had been issued.

¶3The learned Standing counsel for the respondents 1 and 2, however, stated that the planning permission had been returned on

11.06.2026. It is for the petitioner to take a decision to represent the same. If he does not, the respondents may proceed further with the notices impugned in the writ petition. If the petitioner represents with the requisite document, then, the respondents may take a decision and pass final orders over the application made by the petitioner and then proceed further.

¶4The writ petition stands disposed of with the above direction. No costs. Consequently, WMP(MD) No.4886/2026 stands allowed. WMP(MD) No.4887 of 2026 stands closed.

¶5It is stated that the papers have to be represented only before the respondents, who are sought to be impleaded in WMP No.13710 of 2026. In view of that particular fact, the said petition stands allowed.

¶6Registry before issuing the order copy may record the respondents 4 and 5 and then issue the order copy.

(C.V.K.,J.) (R.S.V,J.)

21.07.2026 RR To

4.The Joint Director, Town and Country Planning Department, Tirunelveli

5.The Assistant Director, Town and Country Planning Department Tirunelveli

C.V.KARTHIKEYAN, J. AND

R.SAKTHIVEL, J. WP(MD) NO.5864 OF 2026

21.07.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.07.2026 CORAM THE HON'BLE MR JUSTICE C.V.KARTHIKEYAN AND THE HON'BLE MR JUSTICE R.SAKTHIVEL WP(MD) No.5864 of 2026 and WMP(MD) Nos.4886 & 4887 of 2026 and 13710 of 2026 Muhammad Yusuf Sidiq S/o. Shahul Hameed, D.No.39f/2, 8th Street, Gnaniyarappa Nagar, Melapalayam, Tirunelveli District. Represented Through His Power Agent, Shahul ... Petitioner(s) in WP(MD). 5864/ 2026 - Vs. - 1. The Commissioner Tirunelveli City Municipal Corporation, Tirunelveli. 2. The Assistant Commissioner Tirunelveli Corporation, Melapalayam Zone, Melapalayam, Tirunelveli. 3. The Executive Engineer Tirunelveli Corporation, Melapalayam Zone, Melapalayam, Tirunelveli. 4.The Joint Director, Town and Country Planning Department, Tirunelveli 5.The Assistant Director, Town and Country Planning Department Tirunelveli ... Respondent(s) in WP(MD). 5864/ 2026 (R4 and R5 were impleaded vide order dated 21.07.2026 in WMP(MD) No.13710/2026) Prayer in WP(MD). 5864/ 2026 :Writ Petition is filed under Article 226 of the Constitution of India, praying this Court Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records pertaining to the impugned order passed by the 2nd respondent in Notice No.TP3/3560/2025 dated 24.01.2026 and the consequent impugned order in Na.Ka.No.TP3/3560/2025 dated 25.02.2026 and quash the same as illegal. For Petitioner : Mr.K.Navaneetharaja For Respondents : Mr.M.P.Senthil for R4 and R5 Counsel for State Mr.A.Sivanupandian for R1 to R3