Seeni v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.04.2026

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR and THE HONOURABLE MR.JUSTICE P.B.BALAJI and W.M.P(MD)No.8090 of 2026 Seeni ... Petitioner vs.

1.The District Collector, District Collector Office, Tenkasi District.

2.The Assistant Director, (Town Panchayat) O/o.Assistant Director, Tirunelveli District.

3.The Block Development Officer, Block Development Office, Kuruvikulam Block, Tenkasi District.

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4.The Executive Officer, Thiruvengadam Town Panchayat, Thiruvengadam, Tenkasi District.

5.The Tahsildar, Thivendagam Taluk, Tenkasi District.

6.The Sub Registrar, Kalugumalai Sub-Registrar Office, Kalugumalai, Thoothukudi District.

7.Maheshwaran 8.Marisamy 9.Santhanamariappan 10.Chellapandi ... Respondents 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 5 to remove the illegal construction made by the 8th respondent in Survey No. 335/3A (New Survey No.335/3A2A), situated at Thiruvengadam Village, Thiruvengadam Taluk, Tenkasi District, by considering the petitioner's representation dated 27.03.2026, within a time frame as may be fixed by this Court.

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For Petitioner : Mr.P.Ponraj For Respondents : Mr.D.Sasi Kumar (R1, R2, R5 & R6) Additional Government Pleader : Mr.A.Kannan (R3 & R4) Additional Government Pleader

ORDER

(Order of the Court was made by N.SATHISH KUMAR, J.) The petitioner has filed the present Writ Petition seeking a direction to the respondents 1 to 5 to remove the alleged illegal construction made by the 8th respondent in Survey No.335/3A (New Survey No. 335/3A2A), situated at Thiruvengadam Village, Thiruvengadam Taluk, Tenkasi District, by considering the petitioner's representation dated 27.03.2026.

2.The petitioner, claiming to be one of the legal heirs of late Narayanasamy, states that he and other legal heirs are in possession and 3/8

enjoyment of the ancestral properties, including Survey No.335/3. It is alleged that a forged Will was created by Srinath in collusion with the fifth respondent, based on which a portion of the property was fraudulently alienated in favour of the seventh respondent, who, in turn, further alienated a part of the property to respondents 8 to 10. Challenging the same, the petitioner has already filed a partition suit in O.S. No.145 of 2024 on the file of the Sub Court, Sankarankovil, which is pending. The petitioner also alleges collusion on the part of the Sub-Registrar and refers to criminal proceedings initiated against him. Despite representations made to the authorities, no action has been taken to prevent the alleged illegal construction. Hence, the present writ petition has been filed seeking a direction to the official respondents to take action and restrain the private respondents from proceeding with the alleged illegal construction. 3.Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the official respondents, and perused the 4/8

materials available on record.

4.Inasmuch as the partition suit is already pending between the parties, any improvement or construction made in the subject property shall be subject to the result of the said suit. If any unauthorised construction is put up, it is open to the petitioner to file an appropriate application before the very same Court where the partition suit is pending, seeking interim injunction. On such application being filed, the learned Sub Judge, Sankarankovil, shall consider the same, including the issue of alleged unauthorised construction, and pass orders on its own merits and in accordance with law.

5.With the above directions, the Writ Petition stands disposed of. There shall be no order as to costs. Consequently, the connected Miscellaneous Petition is closed.

[N.S.K.,J.] [P.B.B.,J.] 15.04.2026 NCC : Yes / No Index : Yes / No 5/8

Internet : Yes ps To 1.The District Collector, District Collector Office, Tenkasi District.

2.The Assistant Director, (Town Panchayat) O/o.Assistant Director, Tirunelveli District.

3.The Block Development Officer, Block Development Office, Kuruvikulam Block, Tenkasi District.

4.The Executive Officer, Thiruvengadam Town Panchayat, Thiruvengadam, Tenkasi District.

5.The Tahsildar, Thivendagam Taluk, Tenkasi District.

6.The Sub Registrar, Kalugumalai Sub-Registrar Office, Kalugumalai, 6/8

Thoothukudi District.

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N.SATHISH KUMAR , J.

and P.B.BALAJI , J.

ps DATED : 15.04.2026 8/8