Murugesan A v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.06.2026
CORAM
THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR W.P.(MD)No.15395 of 2026 A.Murugesan ... Petitioner vs.
1.The District Collector, The Collectorate, Pudukkottai District.
2.The Block Development Officer, Ponnamaravathi Panchayat Union, Ponnamaravathi Taluk, Pudukkottai District.
3.The President, Vegupatti Village Panchayat, Ponnamaravathi Taluk, Pudukkottai District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to relocate the public toilet complex which has been illegally constructed in petitioners private patta land in Natham Survey No.842/2 situated at Vegupatti Village, Ponnamaravathi Taluk, Pudukkottai District on basis of petitioner's representation dated 08.03.2026 within the period stipulated by this Court.
1/5
For Petitioner :Mr.M.Pozhilan For Respondents :Mrs.K.R.Shivashankari Govt. Advocate for R1 Mr.M.Mahaboob Athiff Govt. Advocate for R2 *****
O R D E R
The petitioner seeks a direction to the respondents to relocate a public toilet complex allegedly constructed on his private patta land comprising Survey No.842/2, situated at Vegapatti Village, Ponnamaravathi Taluk, Pudukkottai District. 2.The petitioner purchased the subject property under a registered sale deed dated 19.06.2023. It is not in dispute that, prior to the purchase, a public toilet had already been constructed on the said property with the consent of the petitioner's vendor.
3.It is also brought to the notice of this Court that the petitioner had earlier instituted a suit seeking a mandatory injunction for removal of the public toilet. The said suit was referred to the Lok Adalat, where the petitioner undertook not to interfere with the functioning of the public toilet. Thereafter, the petitioner submitted a representation seeking relocation of the toilet on the ground that it stood on his patta land and was allegedly not in use.
2/5
4.The respondents, on the other hand, contend that the public toilet is functional and continues to cater to the needs of women residing in the locality. 5.The status report filed by the respondents indicates that the estimated expenditure for demolishing the existing structure and constructing a new public toilet at an alternate site would be approximately Rs.5,90,000/-. 6.Having regard to the peculiar facts and circumstances of the case, and balancing the petitioner's proprietary rights with the larger public interest, this Court is of the view that the ends of justice would be met by directing the petitioner to contribute a sum of Rs.5,00,000/- towards the relocation of the public toilet, while bearing the cost of demolition of the existing structure. 7.
Accordingly, the writ petition is disposed of with the following directions: (i) The petitioner shall deposit a sum of Rs.5,00,000/- with Respondent Nos.2 and 3 within a period of four (4) weeks from the date of receipt of a copy of this order. (ii) Upon such deposit, Respondent Nos.2 and 3 shall permit the petitioner to demolish the existing public toilet constructed on his patta land, at his own cost. (iii) Respondent Nos.2 and 3 shall utilise the sum of Rs.
no other purpose.
(iv) Upon demolition of the existing structure, the petitioner shall be entitled to enjoy the property free from any obstruction and exercise all rights incidental to his ownership, in accordance with law.
8.There shall be no order as to costs. Consequently, the connected miscellaneous petition, if any, is closed.
Index :Yes / No 23.06.2026 Internet :Yes / No NCC :Yes / No skn To 1.The District Collector, The Collectorate, Pudukkottai District.
2.The Block Development Officer, Ponnamaravathi Panchayat Union, Ponnamaravathi Taluk, Pudukkottai District.
4/5
HEMANT CHANDANGOUDAR, J.
skn W.P.(MD)No.15395 of 2026 23.06.2026 5/5