Mariyayee v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.03.2026

CORAM:

THE HONOURABLE MR.SUSHRUT ARVIND DHARMADHIKARI, CHIEF JUSTICE and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR and W.M.P.(MD) No.7043 of 2026 Mariyayee ... Petitioner -vs1.The District Collector Theni District, Theni 2.The Block Development Officer (BDO) Andipatti Panchayat Union Theni District 3.The President Thirumalapuram Panchayat Andipatti Taluk Theni District 4.The Secretary Thirumalapuram Panchayat Andipatti Taluk Theni District 5.L.Rajeswari ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the first respondent to take appropriate steps to demolish the unauthorized construction put up by the fifth respondent in Survey No.531/17, situated at 2nd Street, Annai Indra Nagar, Shanmuganathapuram Village, Andipatti Taluk, Theni District, by considering the petitioner's representation dated 07.03.2026. For Petitioner :

Mr.S.Pandeeswaran For Respondents :

Mr.A.K.Kannan Additional Government Pleader for R1 Mr.P.T.Thiraviam Government Advocate for R2

O R D E R

[Order of the Court was made by The Hon'ble CHIEF JUSTICE] This writ petition has been filed seeking a writ of mandamus directing the first respondent to take appropriate steps to demolish the unauthorized construction put up by the fifth respondent in Survey No. 531/17, situated at 2nd Street, Annai Indra Nagar, Shanmuganathapuram Village, Andipatti Taluk, Theni District, by considering the petitioner's representation dated 07.03.2026.

2. It is seen that ventilating the above grievance, the petitioner submitted a representation to the authorities concerned only on 07.03.2026 and it is pending consideration. Without even giving breathing time to the respondent authorities to consider the said representation, the petitioner has approached this Court by filing the present writ petition.

3. In view of the fact that the representation dated 07.03.2026 said to have been submitted by the petitioner is pending before the authorities concerned, we dispose of the writ petition with a direction to the authority concerned to consider the said representation and pass orders on merits in accordance with law, after affording due opportunity to the fifth respondent herein, as expeditiously as possible. We make it clear that we have not expressed any opinion on the merits of the matter. No costs. Consequently, connected miscellaneous petition is closed. [SUSHRUT ARVIND DHARMADHIKARI, C.J.] [N.SATHISH KUMAR, J.] 30.03.2026 NCC : Yes / No Index : Yes / No krk

To:

1.The District Collector, Theni District, Theni.

2.The Block Development Officer (BDO), Andipatti Panchayat Union, Theni District.

THE HON'BLE CHIEF JUSTICE and N.SATHISH KUMAR , J.

krk and W.M.P.(MD) No.7043 of 2026 30.03.2026