Saisamary Alias Jayanthi v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 20.05.2026
CORAM
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY and THE HONOURABLE MS.JUSTICE R.POORNIMA Saisamary alias Jayanthi ... Petitioner Vs.
1. The District Collector,
2. The Commissioner, Dindigul City Municipal Corporation, Dindigul.
3. The District Town and Country Planning Officer (DTCP), Dindigul District, Dindigul.
4. The Assistant Director, District Town and Country Planning, Dindigul. Dindigul District.
5. The Thasildhar, Dindigul West Taluk,
6. The Executive Engineer, Planning Permission, Office of the DTCP,
7. The Town Planning Officer, Dindigul City Municipal Corporation, 1/6
Building Plan Permission Office,
8. The Block Development Officer, Dindigul Town, Dindigul District.
9. The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO),
10. The Assistant Executive Engineer (AEE), Operation and Maintenance (O and M), Tamil Nadu Generation and Distribution Corporation (TANGEDCO), West Division,
11. Banumathi
12. Rajasekaran
...Respondents
PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 2nd and 3rd Respondents to consider the petitioner's representations dated 02.02.2026 and 09.05.2026 within a specific time frame as fixed by this Court and directing the 1st to 8th Respondents to demolish the unauthorized construction at Town Survey Nos.1365/1 and 1365/2, West Arokiya Madha Street, Dindigul west Town, Dindigul West Taluk, Dindigul District and the 9th and 10th Respondents to disconnect the electricity supply to the said unauthorized construction premises.
For Petitioner : Mr.R.Udhayakumar For R1, R3 to R6 : Mr.A.Baskaran Additional Government Pleader For R2 & R7 : Mr.J.Lawrence 2/6
ORDER
(Order of the Court was made by D.BHARATHA CHAKRAVARTHY, J.) The writ petition is filed with a prayer to direct the respondents 2 and 3 to consider the petitioner's representations dated 02.02.2026 and 09.05.2026 within a specific time frame as fixed by this Court and consequently to direct the respondents 1 to 8 to demolish the unauthorized construction at Town Survey Nos.1365/1 and 1365/2, West Arokiya Madha Street, Dindigul west Town, Dindigul West Taluk, Dindigul District and to direct the 9th and 10th respondents to disconnect the electricity supply to the said unauthorized construction.
2. This writ petition is disposed of at the admission stage and no opinion is expressed on the merits of the averments made in the affidavit. Even as per the case of the petitioner, the land in question belongs to the petitioner and the private respondents have encroached the petitioner's land and attempting to put up construction. The petitioner has already filed a civil suit in which according to the petitioner, partly findings are made in favour of the petitioner, but however the decree is not granted and aggrieved by the same, the petitioner has already filed A.S.No.51 of 2025 on the file of the learned Principal Subordinate Judge, Dindigul.
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3. In view thereof, when the petitioner claims that the respondents have encroached into her property and putting up construction, she cannot have a grievance that the respondents ought to have obtained planning permission in respect of the encroached property belonging to the petitioner. Therefore, keeping open all the questions to be agitated by the petitioner in the pending appeal suit, this writ petition cannot be entertained, as the property itself is said to be belonging to the petitioner and the matter is sub-judice before the civil court. The learned counsel would state that the petitioner is elderly person and suffering on account of the pendency of litigation.
4. In view thereof, we only request the learned Principal Subordinate Judge, Dindigul, to dispose of A.S.No.51 of 2025 as expeditiously as possible, in any event not later than four months from the date of receipt of the web copy of the order.
5. The Writ Petition is disposed of accordingly. No costs. [D.B.C., J.] & [R.P., J.] Index : No 20.05.2026 : No bala 4/6
To
1. The District Collector,
2. The Commissioner, Dindigul City Municipal Corporation, Dindigul.
3. The District Town and Country Planning Officer (DTCP), Dindigul District, Dindigul.
4. The Assistant Director, District Town and Country Planning, Dindigul. Dindigul District.
5. The Thasildhar, Dindigul West Taluk,
6. The Executive Engineer, Planning Permission, Office of the DTCP,
7. The Town Planning Officer, Dindigul City Municipal Corporation, Building Plan Permission Office,
8. The Block Development Officer, Dindigul Town, Dindigul District.
9. The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO),
10. The Assistant Executive Engineer (AEE), Operation and Maintenance (O and M), Tamil Nadu Generation and Distribution Corporation (TANGEDCO), West Division, 5/6
D.BHARATHA CHAKRAVARTHY , J.
and R.POORNIMA , J.
bala ORDER MADE IN DATED :
20.05.2026 6/6