P.Sivaselvam v. The Block Development Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.07.2025 C O R A M THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN

1. P.Sivaselvam

2. Vijyalakshmi

3. Poonkuzhali .. Petitioners

Versus

1.The Block Development Officer Mailam Panchayat Union, Mailam, Villupuram District.

2.The President /executive Officer, Palapattu Gram Panchayat, Mailam Panchayat Union, Palapattu, Villupuram District.

3.R. Vijayasamundeeswari No.61/1, Trichy National Highways (nh-45), Palapattu, Mailam Ondiriyam, Tindivanam Taluk, Villupuram District.

.. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution, praying for issuance of a Writ of Certiorari, to call for the records of the 2nd Respondent by proceedings in Na.Ka.No.01/2021 dated 28/05/2025 and quash the same.

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For Petitioner(s):

P.Saravana Sowmiyan For Respondent(s): Mr.M.Rajendran, AGP *****

O R D E R

(By J.Nisha Banu,J.) This Writ Petition has been filed, praying for issuance of a Writ of Certiorari, to call for the records of the 2nd Respondent by proceedings in Na.Ka.No.01/2021 dated 28/05/2025 and quash the same.

2. The petitioner is aggrieved by the impugned demolition notice, dated 28.05.2025 issued by the 2nd respondent on the ground that the subject building has been constructed without getting permission under Rule 35 of the Tamil Nadu Panchayat Building Rules, 1997, wherein, the petitioner has been directed to demolish the building within 15 days, failing which, the same would be removed. Challenging the same, the petitioner has come forward with the present Writ Petition.

3. In fact, on earlier occasion, the 3rd respondent herein has moved this Court by filing a Writ Petition in W.P.No.20519 of 2021 for a 2/4

Mandamus, to direct the official respondents therein to remove the illegal constructions put up by one Tmt.P.Anandavalli Ammal, who was none other than the mother of the petitioners herein and this Court, on consideration of the submissions made by the either side, vide a detailed order, dated 08.02.2023, directed the the 2nd respondent herein, to inspect the property in question and if there is any unauthorized construction put up by the 3rd respondent (Tmt.P.Anandavalli Ammal), to take appropriate action in accordance with law. Now it appears that in compliance to the said order, dated 08.02.2023, the 2nd respondent has proceeded with the matter and issued the impugned notice, which, in our opinion, requires no interference. Therefore, we are not inclined to entertain the present Writ Petition.

4. Accordingly, the Writ Petition is dismissed. No costs. (J.N.B.J.,) (M.J.R,J.,) suk 24.07.2025 Index: Yes / No Internet: Yes / No 3/4

J.NISHA BANU, J.

and M.JOTHIRAMAN, J.

To 1.The Block Development Officer Mailam Panchayat Union, Mailam, Villupuram District.

2.The President /executive Officer, Palapattu Gram Panchayat, Mailam Panchayat Union, Palapattu, Villupuram District.

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