Madras High Court
Vadivu vs The Executive Officer on 9 September, 2025
Author: Anita Sumanth
Bench: Anita Sumanth
W.A.(MD)No.2565 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 09.09.2025
CORAM:
THE HONOURABLE DR.JUSTICE ANITA SUMANTH
AND
THE HONOURABLE MR.JUSTICE C.KUMARAPPAN
W.A.(MD)No.2565 of 2025
Vadivu ...Appellant
Vs.
The Executive Officer,
I Grade Town Panchayat,
Alwarkuritchi – 672 412,
Tenkasi District. ...Respondent
PRAYER:- Writ Appeal filed under Clause XV of Letters Patent, to set
aside the order made in W.P.(MD)No.7331 of 2024 dated 25.03.2024 on
the file of this Court.
For Appellant : Mr.T.A.Ebenezer
For Respondent : Mr.M.Sarangan
Additional Government Pleader
1/5
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W.A.(MD)No.2565 of 2025
JUDGMENT
(Judgment of the Court was made by DR.ANITA SUMANTH, J.)
Challenge is to an order passed by the writ Court on
25.03.2024, wherein the Writ Petition filed by the appellant had been
disposed in the following terms:
'2.The petitioner complains that the
respondent has unlawfully sealed the premises that is
spread over one acre. It is seen that the one acre of
land comprises a water plant and also agricultural
field. The water plant admittedly does not have license
or NOC from the competent authority. The petitioner is
therefore restrained from operating the water plant till
NOC / license is obtained from the competent authority.
Since the premise is spread over one acre, the entire
premises need not be sealed. The respondent is directed
to unseal and confine the sealing to the water plant
alone. As and when the petitioner gets NOC, the water
plant can be desealed. The learned counsel for the
petitioner states that he wants to dismantle and sell the
same to third party. As rightly pointed out by the
learned Government Advocate, such a course of action
can definitely be permitted provided the purchaser is
having NOC from the competent authority. If the
purchaser produces any such NOC / permission, the
petitioner can be permitted to dismantle the machinery
and sell the same.
3.This writ petition is disposed of on these
terms. No costs. Consequently, connected
miscellaneous petitions are closed.'
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2.Pending this Writ Appeal, the appellant, in a contempt
petition, has obtained the desealing of the room. She is now aggrieved by
the direction to the effect that the water plant can be desealed only if the
purchaser produces a No Objection Certificate (NOC) from the
competent authority.
3.According to learned counsel appearing for the appellant, the
appellant wishes to dismantle the water plant and sell it as parts/scrap. In
such circumstances, no NOC should be called for.
4.If at all the appellant obtains a willing buyer for the
parts/strokes/scrap/water plant as a whole, let her make a representation
before the sole respondent and execute necessary undertakings as sought
for by the sole respondent, in consideration of which, the respondent may
deseal the water plant after taking appropriate steps to ensure that the
water plant will not be run unauthorizedly.
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5.With the abovesaid observations, this Writ Appeal is closed.
No costs.
[A.S.M.J.,] & [C.K.J.,]
09.09.2025
NCC :Yes/No
Index :Yes/No
Internet :Yes
ps
To
The Executive Officer,
I Grade Town Panchayat,
Alwarkuritchi – 672 412,
Tenkasi District.
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DR.ANITA SUMANTH, J.
AND
C.KUMARAPPAN, J.
ps
09.09.2025
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