Madras High Court
A.Arjunan vs The District Collector on 6 January, 2026
Author: R.Vijayakumar
Bench: R.Vijayakumar
W.P.(MD).Nos.19890 and 24732 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 06.01.2026
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.P(MD)Nos.19890 and 24732 of 2025
and
W.M.P(MD) Nos.15318, 15319, 19445, 19447 and 19448 of 2025
W.P(MD) No.19890 of 2025:
A.Arjunan ... Petitioner
Vs.
1. The District Collector,
Kanyakumari District,
at Nagercoil.
2. The District Environmental Engineer,
Tamil Nadu Pollution Control Board,
Water Tank Road, Nagercoil,
Kanyakumari District.
3. The Deputy Director of Public Health,
Nagercoil, Kanyakumari District.
4. The Commissioner,
Kuzhithurai Municipality,
Marthandam Post,
Kanyakumari District.
5. The Executive Officer,
Nalloor Town Panchayat,
Marthandam Post,
Kanyakumari District – 629 165.
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W.P.(MD).Nos.19890 and 24732 of 2025
6. Fr.Sahayastalin,
Paris Priest cum Administrator of
St.Francis Xavier Church,
Marthandam,
Kanyakumari District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Certiorarified Mandamus, calling for the
records pertaining to the impugned subject No.6, Resolution No.73 passed by
the fifth respondent dated 26.06.2025 and quash the same and consequently
directing the respondents 1 to 5 not to permit the sixth respondent to open the
Private Fish Market in Re-Survey Nos.311/6, 311/7A1A1 to an extent of 36
cents situated at Nalloor Village, Nalloor Town Panchayat, Vilavancode
Taluk, Kanyakumari District and to pass suitable order within the time
stipulated by this Court.
For Petitioner : Mr.M.R.Sreenivasan
For R1 and R3 : Mr.R.Baskaran
Additional Advocate General
Assisted by Mr.M.Gangadharan
Government Advocate
For R2 : M/s.Madhuri Donti Reddy
Standing Counsel
For R4 : Mr.P.Athimoolapandian
Standing Counsel
For R5 : G.V.Vairam Santhosh
Additional Government Pleader
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W.P.(MD).Nos.19890 and 24732 of 2025
For R6 : Mr.H.Arumugam
W.P(MD) No.24732 of 2025:
T.Leelabai ... Petitioner
Vs.
1. The District Collector,
Kanyakumari District,
at Nagercoil.
2. The District Environmental Engineer,
Tamil Nadu Pollution Control Board,
Kanyakumari District.
3. The Commissioner,
Kuzhithurai Municipality,
Marthandam Post,
Kanyakumari District.
4. The President
Nalloor Town Panchayat,
Nalloor,
Kanyakumari District.
5. The Executive Officer,
Nalloor Town Panchayat,
Nalloor, Kanyakumari District
6. Fr.Sahayastalin,
Paris Priest cum Administrator of
St.Francis Xavier Church,
Marthandam,
Kanyakumari District.
7. Jose Alex ... Respondents
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W.P.(MD).Nos.19890 and 24732 of 2025
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 on the files of the fourth respondent pertaining to its Impugned
Resolution No.73, dated 26.06.2025 and to quash the same and consequently
directing the respondents 1 to 4 herein to stop the illegal construction of Fish
Processing unit and Fish Market in the property in Survey Nos.311/6 &
311/7A1A1 of Nalloor Village, Vilavancode Taluk, Kanyakumari District by
considering the request of the petitioner dated 05.03.2025 within a time frame
that may be fixed by this Court.
For Petitioner : Mr.S.C.Herold Singh
For R1 and R2 : Mr.R.Baskaran
Additional Advocate General
Assisted by Mr.M.Gangadharan
Government Advocate
For R3 : Mr.P.Athimoolapandian
Standing Counsel
For R5 : G.V.Vairam Santhosh
Additional Government Pleader
For R6 : Mr.H.Arumugam
COMMONORDER
These two writ petitions have been filed challenging the resolution passed by the respondent Town Panchayat on 26.06.2025, wherein permission has been granted for parking of vehicles carrying fish.
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2. According to the learned counsel appearing for the writ petitioners, such resolution, granting permission, by the Town Panchayat is clearly in violation of the Tamil Nadu Urban Local Bodies Act, 1998. It is further contended that the resolution passed by the panchayat, granting permission, is likely to cause public nuisance.
3. Considering the averments made in the affidavit it is clear that the writ petitions have been filed not seeking to espouse the cause of private interest of the writ petitioners, but have been filed as a Public Interest Litigation.
4. The learned counsel appearing for the writ petitioners seeks permission of this Court to withdraw the Writ Petitions with liberty to file Public Interest Litigation and they have also made an endorsement to that effect.
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5. Granting liberty to file Public Interest Litigation, these Writ Petitions stand disposed of. There shall be no order as to costs. Consequently connected Miscellaneous Petitions are closed.
06.01.2026
NCC : Yes/No
Index : Yes / No 1/2
Internet : Yes / No
ebsi
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W.P.(MD).Nos.19890 and 24732 of 2025 To
1. The District Collector, Kanyakumari District, at Nagercoil.
2. The District Environmental Engineer, Tamil Nadu Pollution Control Board, Water Tank Road, Nagercoil, Kanyakumari District.
3. The Deputy Director of Public Health, Nagercoil, Kanyakumari District.
4. The Commissioner, Kuzhithurai Municipality, Marthandam Post, Kanyakumari District.
5. The Executive Officer, Nalloor Town Panchayat, Marthandam Post, Kanyakumari District.
7/8https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/01/2026 06:16:44 pm ) W.P.(MD).Nos.19890 and 24732 of 2025 R.VIJAYAKUMAR,J.
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