L.Nallathambi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.12.2025 CORAM :

THE HONOURABLE MR. JUSTICE M.S. RAMESH and THE HONOURABLE MR. JUSTICE R.SAKTHIVEL and W.M.P.No.14709 of 2023 L.Nallathambi S/o.Lakshmana Gounder (Late) ... Petitioner Vs.

1.The District Collector Salem 2.The Revenue Divisional Officer Attur, Salem District 3.The Tahsildar Pethanaickenpalayam Taluk Office 4.The Revenue Inspector 5.The Village Administrative Officer

6.The Superintendent of Police Salem District, Salem 7.The Deputy Superintendent of Police Vazhapadi, Salem District 8.The Inspector of Police Yethapur Police Station Yethapur, Salem District 9.The Executive Officer Pethanaickenpalayam Town Panchayat 10.Perumal Asari S/o.Arunachalasari (Late) 11.Ganesan Asari S/o.Kalian (Late) 12.Mani Asari S/o.Subramanian (Late) 13.Ganesan Asari S/o.Subramanian (Late) 14.Murugan Asari S/o.Subramanian (Late) ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, for the issuance of a Writ of Mandamus, to direct the respondents 1 to 9 to demolish the illegal construction in the name of Kamatchi Amman Temple which is constructed without following the Rule 4(3) of the Tamil

Nadu Panchayat Building Rules, 1997 and direct the respondents 6 to 8 to take action against the respondents 10 to 14 for demolishing the existing structure of Bajanai Madam which was constructed by petitioner's ancestors property in S.No.440/15 to the extent of 480 sq.ft. situated at Tholuvapalli Street, Pethanaicken Palayam Village, Pethanaicken Palayam Taluk, Salem District.

For Petitioner : Mr.V.Elangovan For Respondents : Mr.R.Kumaravel Addl. Govt.Pleader - R1 to R9 M/s.Dhaaranee forAvinash Wadhwani - R11 to 14 No Appearance - R10

ORDER

(Order of the Court was made by M.S.RAMESH, J.) This petition has been filed for the issuance of a Writ of Mandamus, directing the respondents 1 to 9 to demolish the illegal construction in the name of Kamatchi Amman Temple which is constructed without following the Rule 4(3) of the Tamil Nadu Panchayat Building Rules, 1997 and direct the respondents 6 to 8 to take action against the respondents 10 to 14 for demolishing the existing structure of

Bajanai Madam which was constructed by petitioner's ancestors property in S.No.440/15 to the extent of 480 sq.ft. situated at Tholuvapalli Street, Pethanaicken Palayam Village, Pethanaicken Palayam Taluk, Salem District.

2.It is the contention of the learned counsel for the petitioner that the property comprised in S.No.440/15, Tholuvapalli Street, Pethanaicken Palayam Village, Attur Taluk, Salem District, belonged to the paternal grandfather of petitioner's wife and a Bajanai Madam was formed in the name of "Vanniyar Vaiyapuri Gounder Vagayara Bajania Madam" in the year 1920. It is his further contention that respondents 10 to 14 encroached the subject property in the guise of constructing a Kamatchi Amman Temple. Therefore, a representation was made by the petitioner to the 1st respondent / District Collector, Salem District on 13.04.2023, to forbear the respondents 10 to 14 from demolishing the Bajanai Madam and the construction of the Kamatchi Amman Temple. Since no action has been taken by the 1st respondent till now, the petitioner has come before this Court seeking for appropriate orders.

3.Heard the learned counsel for the petitioner as well as the Additional Government Pleader appearing for the respondents 1 to 9.

4. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon the respondents to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of Constitution of India and direct them to consider the same within a stipulated time.

5. In light of the above, this Court without going into the merits of the petitioner's representation or the contentions of the petitioner in the affidavit filed in support of this Writ Petition, directs the 1st respondent to consider the representation of the petitioner dated 13.04.2023, if not already disposed of and pass appropriate orders on its own merits and in accordance with law, after affording an opportunity of hearing to the respondents 10 to 14, within a period of three (3) months from the date of

receipt of a copy of this order and communicate the same to the petitioner.

6. With the above direction, this Writ Petition stands disposed of. No costs. Consequently, the connected miscellaneous petition is closed. [M.S.R, J.] [R.S.V, J.] 10.12.2025 kas Index: Yes / No Speaking / Non Speaking Order To.

1.The District Collector Salem 2.The Revenue Divisional Officer Attur, Salem District 3.The Tahsildar Pethanaickenpalayam Taluk Office 4.The Revenue Inspector

5.The Village Administrative Officer 6.The Superintendent of Police Salem District, Salem 7.The Deputy Superintendent of Police Vazhapadi, Salem District 8.The Inspector of Police Yethapur Police Station Yethapur, Salem District 9.The Executive Officer Pethanaickenpalayam Town Panchayat

M.S.RAMESH, J.

and R.SAKTHIVEL, J.

kas and W.M.P.No.14709 of 2023 10.12.2025