Makeswari v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.05.2026
CORAM:
THE HON'BLE MR JUSTICE S. SOUNTHAR AND THE HON'BLE MR.JUSTICE P.B. BALAJI and W.M.P.No.19804 of 2026 Makeswari
...Petitioner
Vs.
1.
The District Collector, Cuddalore - 607 001.
2.
The Sub Collector, Lalkhan Street, Chidambaram - 608 001.
3.
The Revenue Divisional Officer, Chidambaram - 608 001.
4.
The Thasildar, Lalkhan Street, Parameswaranallur, Chidambaram - 608 001.
5.
The Inspector of Police, Bypass Road, Lalpuram, Chidambaram - 608 602.
6.
Vijaya Kumar 1/7
7.
Paramanantham 8.
Padmanathan 9.
Krishna Raj
...Respondents
Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, seeking to direct the respondents 1, 2 and 3 to consider the representation dated 13.04.2026 and to remove unauthorised construction put up in the Street of northern side of the property comprised in R.S.No.94/7, New Survey Nos.223/11B & 223/12B of Vaiyur Village, Chidambaram Taluk, Cuddalore District and forbear the Respondents 6 to 9 from putting any constructions in the Street of Northern side of the property comprised in R.S.No.94/7, New Survey Nos.223/11B & 223/12B of Vaiyur Village, Chidambaram Taluk, Cuddalore District. For Petitioner : Mr.K.Chozhan For Respondents : Mr.L.S.M.Hazan Faizal, AGP, for R1 to R5
ORDER
(Order of the Court was made by S. Sounthar J.) This writ petition has been filed seeking to direct the respondents 1 to 3 to consider the petitioner's representation dated 13.04.2026 and to consequently, remove the unauthorised construction put up in the street situated at the northern side of the property comprised in R.S.No.94/7, New 2/7
Survey Nos.223/11B & 223/12B of Vaiyur Village, Chidambaram Taluk, Cuddalore District and also to forbear the respondents 6 to 9 from putting any constructions in the said Street.
2. Mr.L.S.M.Hazan Faizal, learned Additional Government Pleader, takes notice on behalf of the respondents 1 to 5. In view of the consent expressed by the learned counsel on either side, this writ petition is taken up for final disposal at the admission stage itself.
3. Since no order adverse to the interest of the respondents 6 to 9 has been passed, notice to the respondents 6 to 9 is dispensed with.
4. It is the case of the petitioner that she is the owner of the property comprised in R.S.No.94/7, New Survey Nos.223/11B & 223/12B measuring an extent of 4590 sq.ft., situated at Vaiyur Village, Chidambaram Taluk, Cuddalore District and the same was acquired by her, vide registered Settlement deed dated 05.07.2019 bearing Doc.No.2464 of 2019 executed by her mother, viz., Avayambal and the petitioner is in continuous possession and enjoyment of the said property and the revenue records have also been 3/7
mutated in her favour. While so, the private respondents herein with an ulterior motive, unlawfully encroached the common pathway, which runs at the northern side of the subject property, which is a Government property and have commenced construction of a temple, thereby, completely obstructing the petitioner's access to her property. When the same was questioned by the petitioner, the private respondents threatened the petitioner with dire consequences. Aggrieved by the same, the petitioner made several representations before the official respondents seeking to take appropriate action against the private respondents and to remove the encroachment made by them and also to prevent them from putting further construction. The latest representation made by the petitioner before the respondents 1, 2 & 4 in this regard was on 13.04.2026. However, till date, no action has been taken on the said representation. Hence, the petitioner has come before this Court with the above mentioned prayer.
5. Learned Additional Government Pleader appearing for the respondents 1 to 5 submitted that the petitioner's representation will be considered by the 4th respondent in accordance with law. 4/7
6. In view of the above facts and circumstances of the case, this Court, without going into the merits, directs the 4th respondent to consider the petitioner's representation dated 13.04.2026 and pass final orders on its own merits and in accordance with law within a period of six (6) weeks from the date of receipt of a copy of this order, after affording reasonable opportunity to the petitioner, private respondents and other interested parties, if any.
7. With the above direction, this writ petition stands disposed of. No costs. Consequently, the connected miscellaneous petition is closed. (S.S.,J.) (P.B.B.,J.) 07.05.2026 gd/skt Index : Yes/No Speaking/Non-speaking order : Yes/No : Yes/No 5/7
To:
1.
The District Collector, Cuddalore - 607 001.
2.
The Sub Collector, Lalkhan Street, Chidambaram - 608 001.
3.
The Revenue Divisional Officer, Chidambaram - 608 001.
4.
The Thasildar, Lalkhan Street, Parameswaranallur, Chidambaram - 608 001.
5.
The Inspector of Police, Bypass Road, Lalpuram, Chidambaram - 608 602.
6/7
S. SOUNTHAR, J.
AND P.B. BALAJI, J.
gd/skt 07.05.2026 7/7