Jayashree v. The District Collector / Monitoring Committee

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and W.M.P.(MD) No.10975 of 2024 Jayashree ... Petitioner Vs.

1.The District Collector/Monitoring Committee, District Collector Office, Thanjavur District.

2.The Tahsildar, Thanjavur Taluk, Thanjavur District.

3.The Block Development Officer (Village Panchayath), Block Development Office, Thanjavur, Thanjavur District.

4.The President, Neelagiri Village Panchayat, Thanjavur, Thanjavur District.

5.The Assistant Engineer, Tamil Nadu Generation and Distribution Corporation (TANGEDCO), 1/6

West EB Colony, Thanjavur Town, Thanjavur.

6.Sathish Rajan ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents No.1 to 5 to consider the petitioner's representation dated 14.05.2024 and to take appropriate action against the 6th respondent for the illegal construction on land property situated in Plot Nos.1 and 2, Ashok Nagar, Neelagiri Village Panchayath, Thanjavur District within a stipulated period that may be stipulated by this Court. For Petitioner :

Mr.R.Karunanidhi For RR1 to 3 :

Mr.S.P.Maharajan Special Government Pleader For R5 :

Mr.K.Nagarajan For R6 :

Mr.V.Chandra Pandi For R4 :

No appearance

O R D E R

[Order of the Court was made by S.M.SUBRAMANIAM, J.] This writ petition has been instituted to direct respondents 1 to 5 to consider the petitioner's representation dated 14.05.2024 and to take 2/6

appropriate action against the sixth respondent for the illegal construction on land property situated in Plot Nos.1 and 2, Ashok Nagar, Neelagiri Village Panchayath, Thanjavur District.

2. The Block Development Officer, Thanjavur, filed a counter affidavit stating that unauthorised constructions are identified. Paragraph No.7 of the counter affidavit, which is relevant, stands extracted hereunder:

"7. I humbly submit that Para no.5 and 6 of the affidavit, the petitioner objects that the 6th respondent has erected a compound wall around Plot No.1, and Plot No.2, which is in common ownership. The 4th respondent has granted permission to the 6th respondent to construct a commercial building in plot No.1 in the following measurements. Accordingly the ground floor 998 sq.ft and the first floor is 998 sq.ft. Remaining area of 1401.5 sq.feet has been sanctioned as open space area. The respondent accepts the permission details given by the petitioner. The petitioner has also stated that the 6th respondent has constructed a building of 2000 sq.feet in violation of the building permit, which is against the norms and may cause inconvenience to the neighbor plots 3/6

owners. Legal action will be taken against the 6th respondent, if the building is constructed in contravention of the norms as stated by the petitioner."

3. In view of the fact that the Block Development Officer, Thanjavur, has identified unauthorised constructions and has stated that legal action will be taken, this Court directs respondents 1 to 5 to commence the enforcement action under the relevant provisions of the statute by affording opportunity to all the parties and demolish the unauthorised constructions, if any, within a period of twelve weeks from the date of receipt of a copy of this order.

4. With the above directions, 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.] 03.06.2025 Index:Yes Internet:Yes/No NCC:Yes/No abr 4/6

To 1.The District Collector/Monitoring Committee, District Collector Office, Thanjavur District.

2.The Tahsildar, Thanjavur Taluk, Thanjavur District.

3.The Block Development Officer (Village Panchayath), Block Development Office, Thanjavur, Thanjavur District.

4.The President, Neelagiri Village Panchayat, Thanjavur, Thanjavur District.

5.The Assistant Engineer, Tamil Nadu Generation and Distribution Corporation (TANGEDCO), West EB Colony, Thanjavur Town, Thanjavur.

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S.M.SUBRAMANIAM, J.

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

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