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Madras High CourtWP/20567/2022disposed of

Madurai Aatheenam v. The Executive Officer Cum President

2026-03-02Honourable Mr Justice Krishnan Ramasamy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-03-2026

CORAM

THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY and WMP No. 19680 of 2022 Madurai Aatheenam, Rep. by its Manager, South Aavani Moola Street, Madurai - 1.

..Petitioner(s) Vs 1.The Executive Officer cum President, Pannatheru Village Panchayat, Thalaignayiru Union, Nagapattinam District.

2.District Collector, First Floor, Collectorate, Nagapattinam - 611 001.

3.Block Development Officer, Block panchayat, Thalanayar, Thalainayar BDO Office, Talanayar Agraharam, Nagapattinam - 614 712.

(R2 & R3 impleaded vide order dated 02.12.2022 made in W.M.P.No.21319 of 2022 in W.P.No.20567 of 2022 by PDAJ) ..Respondent(s) Prayer: This writ petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondents to demolish the illegal and unauthorized construction of over Head Tank in the S.No.80/1, Pannatheru village, Thirukkuvalai Taluk Nagapattinam District.

For Petitioner(s) :

Mr.C.Rajakumar Mr.U.L.Akshai Sajin Kumar M/s.S.Girija Iyswaryah For Respondent(s) :

Mr.P.Ganesan, GA

ORDER

This writ petition is filed to direct the respondents to demolish the illegal and unauthorized construction of over Head Tank in the S.No.80/1, Pannatheru village, Thirukkuvalai Taluk Nagapattinam District.

2. Learned counsel for the petitioner would submit that the land comprised in S.No.80/1 in Pannatheru Village, Thirukkuvalai Taluk, Nagapattinam District belongs to the petitioner/Madhurai Adheenam and without getting prior approval or gift of the land from the Madurai Aatheenam, the respondents started constructing the Over Head Tank. In order to stop the same, a representation dated 01.07.2022 was sent to the respondents. However, no order was passed, as on date. Hence, the petitioner has come forward with the present writ petition.

3. Learned counsel for the petitioner would further submit that this Court vide its order dated 11.08.2022 granted an order of interim injunction for constructing the Over Head Tank. Accordingly, he prays for appropriate orders.

4. Learned Government Advocate appearing for the respondents would submit that the petitioner's representation dated 01.07.2022 will be taken into consideration and appropriate order will be passed within a time frame to be fixed by this Court.

5. Heard the learned counsel on either side and perused the materials available on record.

6. It appears that, without getting prior approval from the land owner, the respondents have started constructing the Over Head Tank and this Court has also granted interim injunction for constructing the same. Therefore, this Court directs the respondents to get an approval from the land owner as well as appropriate authority and thereafter proceed with the construction of the Over Head Tank.

7. With the aforesaid direction, this writ petition stands disposed of. No costs. Consequently, the connected miscellaneous petition is closed. 02-03-2026 Index: Yes/No Speaking/Non-speaking order VM

KRISHNAN RAMASAMY J.

VM To:

1.The Executive Officer cum President Pannatheru Village Panchayat, Thalaignayiru Union, Nagapattinam District.

2.District Collector, First Floor, Collectorate, Nagapattinam - 611 001.

3.Block Development Officer, Block panchayat, Thalanayar, Thalainayar BDO Office, Talanayar Agraharam, Nagapattinam - 614 712.

02-03-2026