M.Daniel Simiyon Sudan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE M.Daniel Simiyon Sudan ... Petitioner vs.

1.The District Collector, Tiruchirappalli District, Tiruchirappalli.

2.The Tahsildar, Srirangam Taluk, Tiruchirappalli District.

3.The Block Development Officer, Manikandam Union, Tiruchirappalli District.

4.The Village President, Punganur Panchayat, Tiruchirappalli.

5.D.Kesavan ... Respondents 1/8

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to remove the unauthorized construction (Rice Mill) put up by the fifth respondent in S.No.83/3A, Thayanur Group Punganur Village, Srirangam Taluk, Tiruchirappalli District.

For Petitioner : Mr.M.Dinesh Hari Sudarsan For RR 1 to 4 & 6 : Mr.M.Ajmal Khan Additional Advocate General Assisted by Mr.M.Sarangan Additional Government Pleader For R - 5 : Mr.M.Karthikeya Venkatachalapathy

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The matter is listed today under the caption "for reporting compliance".

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2.Mr.M.Ajmal Khan, learned Additional Advocate General appearing for the respondents 1 to 4 & 6 submitted that the Government has initiated prompt action in compliance with the orders of this Court, dated 10.06.2025.

3.A meeting was convened on 22.07.2025 under the Chairmanship of the Chief Secretary to Government to discuss the functions of the High Level Committee.

4.After deliberations, the Chief Secretary to the Government of Tamil Nadu stressed the importance of Highway Level Committee and instructed all the District Collectors as follows: "1.To strictly conduct the high level committee meeting every month and tightly monitor the unauthorized / deviated constructions.

2.It can be clubbed with other urban committee meetings such as SBM, AMRUT etc.

3.The details of number of meetings convened and the action taken on the unauthorized / deviated buildings should be sent to Government periodically.

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4.The directions issued by the Supreme Court of India in W.P. (Civil) No.295 of 2022 dated 13.11.2024 regarding the process to be followed while exercising enforcement actions such as demolition and lock and seal etc., against unauthorized / deviated structures should be followed scrupulously.

5.Further the directions issued by the Supreme Court of India in Civil Appeal No.14604 of 2024 dated 17.12.2024 regarding the action taken on curtailing of unauthorized constructions should be followed strictly.

6.Wherever officials are found to be lethargic and neglecting action against unauthorized construction, the same should be viewed seriously with departmental action being initiated against the erring officials."

5.Asfar as the present Writ Petition is concerned, enforcement actions have been initiated and are in progress. It is brought to the notice of this Court that the Special Leave Petition (C) Nos.17420 - 17430 of 2025 was filed and the same was also dismissed as withdrawn before the Hon'ble Apex Court on 07.07.2025.

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6.The Chairman / the District Collector, Tiruchirappalli District Committee, convened a meeting on 04.08.2025 and initiated further action to complete the enforcement process by following due procedure. 7.This Court further suggested to the learned Additional Advocate General to appraise the Government regarding the creation of a web portal, enabling the enforcing authorities to communicate the progress regarding the removal of unauthorized constructions and encroachments to the State Level Committee and the concerned Department, who, in turn, will be in a position to effectively monitor such removal of unauthorized constructions and encroachments across the State of Tamil Nadu. 8.The learned Additional Advocate General also submitted that he will inform the suggestion to the Government for taking appropriate decisions.

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9.Since the order passed by this Court, dated 10.06.2025, has been complied with, no further orders are required. [S.M.S.,J.] & [A.D.M.C.,J.] 07.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes ps 6/8

To 1.The District Collector, Tiruchirappalli District, Tiruchirappalli.

2.The Tahsildar, Srirangam Taluk, Tiruchirappalli District.

3.The Block Development Officer, Manikandam Union, Tiruchirappalli District.

4.The Village President, Punganur Panchayat, Tiruchirappalli.

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S.M.SUBRAMANIAM , J.

and DR.A.D.MARIA CLETE , J.

ps ORDER MADE IN DATED : 07.08.2025 8/8