K.Jeyakumar v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and W.M.P(MD)No.8884 of 2019 K.Jeyakumar ... Petitioner vs.

1.The District Collector, Kanyakumari District, Nagercoil.

2.The Revenue Divisional Officer, Padmanabhapuram, Thuckalay, Kanyakumari District.

3.The Tahsildar, Kalkulam Taluk, Kanyakumari District.

4.The Executive Officer, Kallukottam Town Panchayat, Kanyakumari District.

5.Ahamed Haber ... Respondents 1/5

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents 1 to 4 to demolish the construction made by the fifth respondent in Survey Nos.764/5A & 764/5B of Lakshmipuram Village, Kanyakumari District. For Petitioner : Mr.S.Sankar For RR 1 to 4 : Mr.P.Thilak Kumar Government Pleader

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The writ on hand has been instituted to direct the respondents 1 to 4 to demolish the construction made by the fifth respondent in Survey Nos.764/5A & 764/5B of Lakshmipuram Village, Kanyakumari District. 2.The learned Government Pleader appearing for the respondents 1 to 4 submitted that the authorities will initiate action for the demolition of the unauthorized construction.

3.It is needless to state that the competent authorities are duty bound to conduct inspections even at the time of construction to prevent unauthorized 2/5

developments. If any unauthorized construction is put up, all appropriate actions must be initiated to remove the same.

4.In view of the above, the respondents 1 to 4 are directed to conduct a field inspection and survey, identify the unauthorized constructions, if any and thereafter, initiate all appropriate actions to demolish the unauthorized constructions by following the procedures as contemplated under the relevant Act and Rules. The said exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order. 5.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.

[S.M.S.,J.] & [A.D.M.C.,J.] 01.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes ps 3/5

To 1.The District Collector, Kanyakumari District, Nagercoil.

2.The Revenue Divisional Officer, Padmanabhapuram, Thuckalay, Kanyakumari District.

3.The Tahsildar, Kalkulam Taluk, Kanyakumari District.

4.The Executive Officer, Kallukottam Town Panchayat, Kanyakumari District.

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S.M.SUBRAMANIAM , J.

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

ps ORDER MADE IN DATED : 01.07.2025 5/5