Sukumaran v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.12.2025

CORAM:

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY and W.M.P.(MD)No.12596 of 2023 Sukumaran ... Petitioner -vs1.The District Collector, Office of the District Collector, 2.The Additional Collector, Developments and Panchayat Raj, Office of the Additional Collector Developments and Panchayat Raj, Collectorate, 3.The Assistant Director Rural Panchayat, Office of the Assistant Director Rural Panchayat, Collectorate, 4.The Block Development Officer, Office of the Block Development Officer,

5.The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation, 6.The Assistant Engineer, Tamil Nadu Generation and Distribution Corporation, Thiruvaiyaru Po, 7.The President, Keelathirupanthuruthi Village Panchayat, 8.Sambamurthy ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the fourth respondent to cancel the approval for carrying out construction of building at Survey No.80/2B, Keelathiruppanthuruthi Revenue Village, Thiruvaiyaru Taluk, Thanjavur District, granted by the seventh respondent to the eighth respondent and consequently, to direct the respondents1 to 3 to take appropriate action against the seventh respondent on the basis of the petitioner's representation dated 17.04.2023 in accordance with law, within the time to be stipulated by this Court. For Petitioner : Dr.R.Alagumani For R1 to R3 : Mr.K.Balasubramani Special Government Pleader

For R4 and R7 : Mr.N.Ramesh Arumugam Government Advocate For R5 and R6 : Mr.S.Deenadhayalan Standing Counsel For R8 : Mr.A.Sivasubramanian

ORDER

This Writ Petition is filed seeking a direction to the fourth respondent to cancel the approval granted by the seventh respondent to the eighth respondent for carrying out construction of a building at Survey No.80/2B, Keelathiruppanthuruthi Revenue Village, Thiruvaiyaru Taluk, Thanjavur District, and consequently, to direct the respondents 1 to 3 to take appropriate action against the seventh respondent on the basis of the petitioner's representation dated 17.04.2023, in accordance with law, within the time to be stipulated by this Court.

2. According to the petitioner, the eighth respondent is his younger brother. The petitioner's younger sister filed a suit in O.S.No.321 of 2022 for partition of the subject property before the Principal Sub Court, Thanjavur, which is still pending. During the pendency of the said suit, the eighth respondent is proceeding with the construction of a house. Hence, the petitioner submitted a

representation dated 17.04.2023 requesting for cancellation of the construction approval granted by the seventh respondent to the eighth respondent for a building at Survey No.80/2B, Keelathiruppanthuruthi Revenue Village, Thiruvaiyaru Taluk, Thanjavur District and, consequently, to direct the respondents 1 to 3 to take appropriate action against the seventh respondent in accordance with law. Since the said representation has not been considered till date, the petitioner has approached this Court.

3. The learned Government Advocate appearing for the respondents 4 and 7 would submit that the representation of the petitioner dated 17.04.2023 will be considered after conducting an enquiry and appropriate orders will be passed by the fourth respondent on merits and in accordance with law.

4. Recording the aforesaid submission, without expressing any opinion on the merits of the matter, this Court directs the fourth respondent to conduct an enquiry and pass appropriate orders on the petitioner's representation, dated 17.04.2023, on merits and in accordance with law, after affording an opportunity of hearing to all the parties concerned, within a period of eight weeks from the date of receipt of a copy of this order.

5. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed. NCC : Yes / No 18.12.2025 Index : Yes / No smn2 To:- 1.The District Collector, Office of the District Collector, 2.The Additional Collector, Developments and Panchayat Raj, Office of the Additional Collector Developments and Panchayat Raj, Collectorate, 3.The Assistant Director Rural Panchayat, Office of the Assistant Director Rural Panchayat, Collectorate, 4.The Block Development Officer, Office of the Block Development Officer,

5.The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation, 6.The Assistant Engineer, Tamil Nadu Generation and Distribution Corporation, Thiruvaiyaru Po, 7.The President, Keelathirupanthuruthi Village Panchayat,

KRISHNAN RAMASAMY , J.

smn2 18.12.2025