G.Palanisamy v. The State of Tamil Nadu

ORDER Heard both sides.

2.The petitioner challenges the impugned notice dated 06.07.2026 issued by the Tahsildar, Manapparai calling upon the petitioner to remove the encroachment in question.

3.According to the authorities, the petitioner had constructed commercial shops on a water body in S.No.586/1, Sevalur Village. The impugned communication is a fall-out of the order dated 22.10.2024 passed by us in W.P.(MD)No.24721 of 2024 at the instance of one Murugapandian.

4.We were not informed by the law officers that the tank in question vested with Manapparai Municipality. That is why, we had given a direction to the Tahsildar, Manapparai. It is categorically stated that the tank in question vests with Manapparai Municipality. In that event, it is the Commissioner, Manapparai Municipality who has to take action under Section 128 of the Tamil Nadu Urban Local Bodies Act, 1998. Even while quashing the impugned order as one without jurisdiction, we direct the Commissioner, Manapparai Municipality to take action under Section 128 of the Tamil Nadu Urban Local Bodies Act, 1998.

5.The learned Government Advocate has made available the copy of the "A" register extract. S.No.586/1 has been classified as "Moor Kulam". The only question which the Commissioner, Manapparai Municipality has to address is whether the writ petitioner has constructed his shops in S.No.586/1. If the answer is in the affirmative, it has to be necessarily removed. It is needless to mention that the Commissioner, Manapparai Municipality has to follow the procedure laid down in Section 128 of the Tamil Nadu Urban Local Bodies Act, 1998.

6.The Registry is directed to mark a copy of this order to the Commissioner, Manapparai Municipality, Tiruchirappalli District. The Commissioner, Manapparai Municipality will have to act in the matter within a period of four weeks from the date of receipt of a copy of this order.

7.This writ petition is allowed on these terms. No costs. Consequently, connected miscellaneous petitions are closed. (G.R.S.J.,) & (B.P.J.,)

16.07.2026 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:

1.The Secretary to Government, Revenue and Disaster Management Department, Fort St. George, Chennai-600 009.

2.The District Collector, Tiruchirappalli District, District Collectorate, Tiruchirappalli.

3.The Tahsildar, Manapparai Taluk Office, Manapparai, Tiruchirappalli District. Copy to:- The Commissioner, Manapparai Municipality, Tiruchirappalli District.

G.R.SWAMINATHAN, J. and

B.PUGALENDHI, J. ias

16.07.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.07.2026 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P.(MD)Nos.14754 and 14757 of 2026 G.Palanisamy ... Petitioner Vs. 1.The State of Tamil Nadu, Rep. by the Secretary to Government, Revenue and Disaster Management Department, Fort St. George, Chennai-600 009. 2.The District Collector, Tiruchirappalli District, District Collectorate, Tiruchirappalli. 3.The Tahsildar, Manapparai Taluk Office, Manapparai, Tiruchirappalli District. ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records of the 3rd respondent by its proceedings vide Na.Ka.No.A2/2010/2025 and quash the same as illegal and violating the principles of natural justice, and consequently direct the Respondents to conduct a fresh, transparent enquiry after providing a personal hearing and verifying the revenue classification records of the petitioner's land within a time frame fixed by this Court. For Petitioner : Mr.T.Nithes For Respondents : Mr.S.Vashik Ali, Government Advocate.