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Madras High CourtWP/24196/2024disposed of

Sulochana v. The Tahsildar

2025-06-19Honourable Mrs Justice J. Nisha Banu,Honourable Mr.Justice M.Jothiraman4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.06.2025 C O R A M THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN Sulochana ... Petitioner -vs1. The Tahsildar, Office of the Tahsildar, Kothagiri.

2. The Village Administrative Officer, Officer of the VAO, Jagathala Village, Nilgiri.

3. The Executive Officer, Aruvangadu, Jagathala Town Panchayat Executive Office, Jagathala Village, Nilagiri.

4. Jancy

5. John ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 1 to 3 to take appropriate actions as prescribed under the law on the illegal and unauthorized construction, which is being put up at the Western Side of property 4 and 5th respondent house Arokiyapuram, Wellington, Barracks Post, Nilagiri District based on the petitioner's complaint dated 19.07.2024 and 30.07.2024.

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For Petitioner : Mr.S.Lakshmi Narayanan For R1 to R3 : Mr.M.Venkateswaran Spl. Govt. Pleader *****

O R D E R

(By J.Nisha Banu,J.) This Writ Petition has been filed for a direction to the respondents 1 to 3 to take appropriate actions as prescribed under the law on the illegal and unauthorized construction, which is being put up at the Western Side of property 4 and 5th respondent house Arokiyapuram, Wellington, Barracks Post, Nilagiri District based on the petitioner's complaint dated 19.07.2024 and 30.07.2024.

2. It is the case of the petitioner that the respondents 4 and 5 are the owners of the property situated on the western side of the property of the petitioner. There was an unlawful construction made by the respondents 4 & 5, which fell down on the compound wall of the petitioner on 18.07.2024. Though the son of the petitioner made a complaint dated 19.07.2024 to the respondents 1 and 2, followed by a representation dated 30.07.2024 by the petitioner to the 3rd respondent about the illegal 2/4

construction put up by the respondents 4 and 5, no action has been taken against them. Hence, the petitioner is before this Court.

3. Learned Special Government Pleader appearing for the respondents 1 to 3 stated that a reasonable time may be granted to the respondents 1 to 3 for considering and taking action on the complaint and representation dated 19.07.2024 and 30.07.2024 respectively made by the petitioner.

4. Considering the facts and circumstances of the case and taking note of the limited scope of the relief sought for by the petitioner, this Court, without expressing any opinion on the merits of the matter, directs the respondents 1 to 3 to consider the online complaint dated 19.07.2024 as also the representation dated 30.07.2024 of the petitioner, by giving an opportunity of personal hearing to the petitioner, R4, R5 and other parties concerned and thereafter, take suitable action in accordance with law. Such an exercise shall be carried out within a period of twelve weeks from the date of receipt of a copy of this order. 3/4

J.NISHA BANU, J.

AND M.JOTHIRAMAN , J.

ar

5. With the above direction, this Writ Petition is disposed of. No costs.

(J.N.B.J.,) (M.J.R,J.,) 19.06.2025 Index: Yes / No Internet: Yes / No ar To:

1. The Tahsildar, Office of the Tahsildar, Kothagiri.

2. The Village Administrative Officer, Officer of the VAO, Jagathala Village, Nilgiri.

3. The Executive Officer, Aruvangadu, Jagathala Town Panchayat Executive Office, Jagathala Village, Nilagiri.

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