B.Brijesh Kishore v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN and W.M.P.(MD) Nos.11821 & 11822 of 2025 B.Brijesh Kishore ... Petitioner -vs1.The State of Tamilnadu rep.by its Principal Secretary to Government Municipal Administration and Water Supply (MA.1) Department Chennai 2.The Director Directorate of Town and Country Planning Government of Tamilnadu Koyambedu, Chennai-600 107 3.The Deputy Director Town and Country Planning Department No.108, Thiruvananthapuram Road Tirunelveli District 4.The District Collector /

Chairperson of Monitoring Committee Kanyakumari District @ Nagercoil 5.The Assistant Director District Town and Country Planning Office Collector Office Campus Kanyakumari District @ Nagercoil 6.The Assistant Director of Town Panchayats Kanyakumari District @ Nagercoil 7.The Superintendent of Police Kanyakumari District @ Nagercoil 8.The Tahsildar Thiruvattar Taluk Kanyakumari District 9.The Executive Officer Kulasekharam Selection Grade Town Panchayat Kanyakumari District 10.Junior Engineer (Urban) TANGEDCO Kulasekaram Distribution Circle Kanyakumari District 11.Raja Vinu 12.Raja Kumar ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue

a writ of certiorarified mandamus to call for the records pertaining to the impugned order vide Na.Ka.No.280/2024/A2 dated 15.05.2025 passed by the 9th Respondent herein as illegal and quash the same and consequently direct the Respondents 2 to 10 herein to take appropriate action and to demolish illegal and unauthorized construction put up by the 11th Respondent herein without obtaining valid Building Plan Approval in Re-Survey No.40/2A1 consisting of 2 cents and 784 sq.links of Aruvikkarai Village, Thiruvattar Taluk, Kanyakumari District.

For Petitioner :

Mr.J.Barathan For Respondents :

Mr.M.Sarangan Addl. Govt. Pleader for R1 to R6, R8 & R9 Mr.T.Senthil Kumar Additional Public Prosecutor for R7 No appearance for R10 Mr.C.R.Nirmal for R11 Mr.A.Robinson for R12

O R D E R

[Order of the Court was made by S.M.SUBRAMANIAM, J.] With reference to the allegations raised in the present writ proceedings, learned Additional Government Pleader appearing for the respondents 1 to 6, 8 & 9, on instructions, submitted that inspection has already been conducted and unauthorized constructions have been identified. Thus, enforcement actions will be initiated for removal of unauthorized

constructions by following the procedures as contemplated under law.

2. Learned counsel appearing for the eleventh respondent submitted that the eleventh respondent has not made any unauthorized construction.

3. Be that as it may, the authorities concerned have conducted inspection and identified unauthorized constructions. Therefore, the official respondents are bound to initiate enforcement action for removal of unauthorized constructions by following the procedures as contemplated under the relevant statute and rules in force, by affording an opportunity to the occupants / owners of the unauthorized constructions.

4. Accordingly, the ninth respondent is directed to initiate enforcement action for removal of the unauthorized constructions and complete the same within a period of twelve weeks from the date of receipt of a copy of this order, in accordance with law.

5. The occupants / owners of the unauthorized construction are at liberty to submit their explanation along with the documents, if any, to the ninth respondent.

6. With the above observation, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed. [S.M.S., J.] [G.A.M., J.] 11.08.2025 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

1.The Principal Secretary to Government, Municipal Administration and Water Supply (MA.1) Department, State of Tamilnadu, Chennai.

2.The Director, Directorate of Town and Country Planning, Government of Tamilnadu, Koyambedu, Chennai-600 107.

3.The Deputy Director, Town and Country Planning Department, No.108, Thiruvananthapuram Road, Tirunelveli District.

4.The District Collector /

Chairperson of Monitoring Committee, Kanyakumari District @, Nagercoil.

5.The Assistant Director , District Town and Country Planning Office, Collector Office Campus, Kanyakumari District @ Nagercoil.

6.The Assistant Director of Town Panchayats, Kanyakumari District @ Nagercoil.

7.The Superintendent of Police, Kanyakumari District @ Nagercoil.

8.The Tahsildar, Thiruvattar Taluk, Kanyakumari District.

9.The Executive Officer, Kulasekharam Selection Grade Town Panchayat, Kanyakumari District.

S.M.SUBRAMANIAM, J.

and G.ARUL MURUGAN , J.

krk and W.M.P.(MD) Nos.11821 & 11822 of 11.08.2025