Nirmaladevi K v. The Executive Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.07.2025

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P(MD) No.18576 of 2025 Nirmaladevi K ... Petitioner Vs.

1.The Executive Officer, Vadamadurai Town Panchayat, Dindigul District.

2.The Tahsildhar, Vedasandur Taluk, Dindigul District.

3.Vellaiyammal, W/o.Maruthai, South Mariyamman Kovil Street, Vadamadurai Village, Vedasandur Taluk, Dindigul District.

4.Chithra, W/o.Jeyaganesan, South Mariyamman Kovil Street, Vadamadurai Village, Vedasandur Taluk, Dindigul District.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents No.1 and 2 to complete the proceedings in Na.Ka.No.403/2024 dated 07.10.2024 within the time stipulated by this Court.

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For Petitioner : Mr.C.M.Mari Chelliah Prabhu For R1 : Mr.A.Baskaran Additional Government Pleader for R2 : Mr.D.Ghandiraj Special Government Pleader

ORDER

This Writ Petition is disposed of at the time of admission after hearing the learned counsel for the petitioner and the learned counsel for the respondent.

2. The petitioner has approached this Court for a direction to the respondent Nos.1 and 2 to implement the order of the first respondent, dated 07.10.2024 bearing reference in Na.Ka.No.403/2024, content of which is reproduced below:

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3. A notice was also issued to the private respondent Nos.3 and 4 by the first respondent fixing a date for personal hearing on 18.07.2024.

4. Content of the above proceedings issued by the first respondent, dated 07.10.2024 indicates that the respondent Nos.3 and 4 have constructed a toilet on the petitioner's patta land, which was granted under the Swatchh Bharat Scheme. In this connection, the petitioner has also given representation, dated 24.02.2024, which is culminated in the aforesaid order, dated 07.10.2024.

5. Since already decision has been made by the first respondent in his proceedings, dated 07.10.2024 directing the private respondent Nos.3 and 4 to remove their construction, which was constructed on the petitioner's patta land, the respondent Nos.3 and 4 are directed to comply the same immediately, failing which, appropriate action can be taken by the first and second respondents under the Tamil Nadu District Municipality Act, 1920, after issuing due notice to the private respondent Nos.3 and 4. The respondent Nos.1 and 2 are directed to complete the above exercise within a period of 30 days from the date of receipt of copy of this order.

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6. With the above direction, this Writ Petition is disposed of. No costs. 09.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No Indu To 1.The Executive Officer, Vadamadurai Town Panchayat, Dindigul District.

2.The Tahsildhar, Vedasandur Taluk, Dindigul District.

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C.SARAVANAN, J.

Indu W.P(MD).No.18576 of 2025 09.07.2025 5/5