N.Thangaraja v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17-03-2026
CORAM
THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P(MD).No.5909 of 2026 N.Thangaraja ... Petitioner Vs.
1. The District Collector, Collectorate, Nagercoil, Kanyakumari District.
2. The Assistant Commissioner of Labour, Office of the Assistant Commissioner of Labour, Nagercoil, Kanyakumari District.
3. The Divisional Engineer, National Highways,Nagercoil Kanyakumari District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus forbearing the respondents from installing the labor waiting shed along with toilet in front of the petitioners property comprised in Sy. No. 132/3 admeasuring 7.410 cents of Neendakarai A Village, Agastheeswaram Taluk, Kanyakumari District by considering the petitioners representation dated 03-03-2026.
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For Petitioner : Mr.S.C.Herold Singh For Respondents : Mr.P.Thambidurai Government Advocate
ORDER
The writ petition is filed for the following relief:- "Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus forbearing the respondents from installing the labor waiting shed along with toilet in front of the petitioners property comprised in Sy. No. 132/3 admeasuring 7.410 cents of Neendakarai A Village, Agastheeswaram Taluk, Kanyakumari District by considering the petitioners representation dated 03-03-2026."
2. Heard Mr.S.C.Herold Singh, learned counsel for the petitioner and Mr.P.Thambidurai, learned Government Advocate, who takes notice on behalf of the respondents.
3. Upon hearing the learned counsel for the petitioner and perusing the material records of the case, the grievance of the petitioner is that if for the ongoing work, a labour shed along with a toilet is erected right in front of the petitioner's property, it would impede the beneficial enjoyment of the said property. Hence, the petitioner has made a representation.
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4. When the matter was taken up for hearing today, the learned Government Advocate appearing for the respondents would submit that the erection of a labour shed along with a toilet is necessary for the ongoing work. It was further submitted that the same would be located after taking into consideration any hardship that may be caused to the petitioner, as well as the interests of the adjacent property owners. The respondents will consider the petitioner's representation dated 03.03.2026 and thereafter take a decision regarding the location of the labour shed.
5. In view thereof, the writ petition is disposed of in the following terms:- i. The representation of the petitioner dated 03.03.2026 shall be taken up for consideration by the 3rd respondent. While considering the same, the hardship faced by the petitioner shall also be duly taken into account.
ii. If it is found that relocation of the labour shed is warranted, appropriate steps shall be taken to relocate the same. iii. If the 3rd respondent is of the opinion that the labour shed has to be located in front of the petitioner's property, an opportunity of 3/6
hearing shall be afforded to the petitioner. The petitioner's grievance shall be considered, and thereafter, a speaking order shall be passed as expeditiously as possible. iv. No costs. Consequently, connected miscellaneous petition is closed.
17.03.2026 Index: Yes Speaking Order: Yes rgm 4/6
To
1. The District Collector, Collectorate, Nagercoil, Kanyakumari District.
2. The Assistant Commissioner of Labour, Office of the Assistant Commissioner of Labour, Nagercoil, Kanyakumari District.
3. The Divisional Engineer, National Highways,Nagercoil Kanyakumari District.
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D.BHARATHA CHAKRAVARTHY, J.
rgm and W.M.P(MD).No.5909 of 2026 17.03.2026 6/6