Srinath v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.06.2026

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN Srinath ... Petitioner Vs.

1. The District Collector, Thanjavur.

2. The Chairman / Secretary, Thanjavur Local Planning Authority, No.33, No.4, Rajappa Nagar, Maruthuva Kalluri Salai, Thanjavur - 613 007.

3. The District Revenue Officer, Thanjavur.

4. The Revenue Divisional Officer, Thanjavur.

5. The Tahsildar, Orathanadu, Thanjavur District.

6. The Block Development Officer, Orathanadu, Thanjavur District.

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7. Mangayarkarasi

...Respondents

PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing respondents 1 to 6 to take appropriate action against the 7th respondent for having put up unauthorized construction in Survey Nos.157/3A, 157/20 and 157/19 situated at Avadanalla Vijayapuram Village, Orathanadu Taluk, Thanjavur District, in violation of the building plan approval granted by the Avadanalla Vijayapuram Village Panchayat through proceedings in Na.Ka.No.013/2020 dated 31.12.2020, and consequently remove the same based on the petitioner's representation dated 26.03.2026, within a time frame to be fixed by this Court.

For Petitioner : Mr.B.Azhagesh For Respondents : Mr.B.Saravanan, Senior Counsel for Mr.M.P.Senthil, Counsel for State for R & R3 to R5

ORDER

(Order of the Court was made by N.SATHISH KUMAR, J.) The petitioner has filed this writ petition seeking a direction to the respondents 1 to 6 to take appropriate action against the 7th respondent for having put up unauthorized construction in Survey Nos. 157/3A, 157/20 and 157/19 situated at Avadanalla Vijayapuram Village, 2/6

Orathanadu Taluk, Thanjavur District, in violation of the building plan approval granted by the Avadanalla Vijayapuram Village Panchayat through proceedings in Na.Ka.No.013/2020 dated 31.12.2020, and consequently remove the same based on the petitioner's representation dated 26.03.2026, within a time frame to be fixed by this Court.

2. According to the petitioner, the 7th respondent has constructed the building in violation of the approved building plan. In this regard, the petitioner submitted a representation dated 26.03.2026 seeking necessary action against the 7th respondent. However, no action has been taken by the respondents till date. Hence, the petitioner has filed the present Writ Petition.

3. We have heard the learned Senior Counsel appearing for respondents 1 and 3 to 5 and perused the materials available on record.

4. Upon a perusal of the affidavit, we find that the present Writ Petition arises out of a civil dispute between the parties. Admittedly, two suits relating to the same subject property are pending, namely, O.S. No. 150 of 2023 on the file of the District Munsif-cum-Judicial Magistrate, 3/6

Orathanadu, and O.S. No.136 of 2020 on the file of the Sub Court, Pattukottai, for recovery of possession. Therefore, we are not inclined to entertain this Writ Petition, which appears to have been filed with a vindictive motive, merely to settle personal grievances arising out of the dispute between the parties. The rights of the parties can be adjudicated only in the pending civil suits.

5. Though the learned counsel for the petitioner submitted that there are deviations in the construction, in the absence of any supporting material, such a contention cannot be accepted. It is, however, open to the competent authorities to examine the issue and take appropriate action in accordance with law.

6. With the above observations, the Writ Petition stands dismissed. There shall be no order as to costs. [N.S.K., J.] & [M.J.R., J.] 02.06.2026 NCC :Yes/No Internet :Yes vsm 4/6

To

1. The District Collector, Thanjavur.

2. The Chairman / Secretary, Thanjavur Local Planning Authority, No.33, No.4, Rajappa Nagar, Maruthuva Kalluri Salai, Thanjavur - 613 007.

3. The District Revenue Officer, Thanjavur.

4. The Revenue Divisional Officer, Thanjavur.

5. The Tahsildar, Orathanadu, Thanjavur District.

6. The Block Development Officer, Orathanadu, Thanjavur District.

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N.SATHISH KUMAR , J.

AND M.JOTHIRAMAN, J.

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