Fatima Sa v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.03.2025 CORAM :

THE HONOURABLE MRS.JUSTICE J.NISHA BANU and THE HONOURABLE MRS.JUSTICE S.SRIMATHY Fatima SA ... Petitioner vs.

1. The District Collector, Thenkasi District, Thenkasi.

2. The Executive Officer, Town Panchayat, Vadakarai Keezhpidakai, Vadakarai, Sengottai Taluk,

3. The Junior Engineer, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), Achanputhur, Sengottai Taluk,

4. Syed Ambiya ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 1/4

respondents 1 and 2 herein to demolish the unauthorized construction made by the 4th respondent in S.No.1483/3B, Vadakarai Keezhpidakai, Vadakarai, Tirunelveli District, within a stipulated period of time to be fixed by this Court.

For Petitioner : Mr.M.Thirunavukkarasu For R1 and R2 : Mr.M.Sarangan Additional Government Pleader For R3 : Mr.S.Deenadhayalan, standing counsel

ORDER

(Order of the Court was made by J.NISHA BANU, J.) The prayer in this writ petition is for issuance of a Writ of Mandamus, directing the respondents 1 and 2 herein to demolish the unauthorized construction made by the 4th respondent in S.No.1483/3B, Vadakarai Keezhpidakai, Vadakarai, Tirunelveli District, within a stipulated period of time to be fixed by this Court. 2.

Today, when the writ petition was taken up for hearing, learned Government Pleader appearing for the respondents 1 and 2 submitted that if there is any unauthorised construction put up by the 4th respondent, the same will be removed in accordance with law, within a time frame.

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3.

Recording the said submission, this Writ Petition is disposed of directing the respondents 1 and 2 to conduct enquiry with regard to the construction put up by the 4th respondent and give opportunity of hearing to the 4th respondent. If ultimately they find that the construction made by the 4th respondent is unauthorised one, the same shall be removed in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. No costs. [J.N.B, J.] [S.S.Y, J.] 20.03.2025 Index : Yes / No bala To

1. The District Collector, Thenkasi District, Thenkasi.

2. The Executive Officer, Town Panchayat, Vadakarai Keezhpidakai, Vadakarai, Sengottai Taluk, 3/4

J.NISHA BANU, J.

AND S.SRIMATHY, J.

bala

3. The Junior Engineer, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), Achanputhur, Sengottai Taluk, ORDER MADE IN DATED : 20.03.2025 4/4