Jeba Khithiyon, v. The Assistant Executive
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.08.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN Jeba Khithiyon ... Petitioner Vs
1. The Assistant Executive Engineer, Construction & Maintenance Division, Public Works Department, Vepamoodu Junction, Nagercoil,
2. The Assistant Executive Engineer, Thuckalay, Kanyakumari District.
3. The Commissioner, Padmanabapuram Municipality, Thuckalay, Kanyakumari District.
4. The Revenue Divisional Officer, Thuckalay, Kanyakumari District.
5. The Tahsildar, Kalkulam Taluk,
6. K.Ayyathurai, 1/6
7. The District Collector,
8. The Superintendent of Police,
...Respondents
(*R7 and R8 are Suo Motu Impleaded Vide Court Order Dated 08.08.2025 in WP(MD)No.5314/2018) PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to remove the encroachment made by the 6th respondent in the Thuckalay Sub Court, Campus with in a specified period. For Petitioner : Mr.T. Murugan For Respondent : Mr.P.Thilak Kumar (R1,R2,R4 & R5) GovernmentPleader : Mr.S.C.Athimoolapandian (R3) : Mr.S.C.Heraold Singh (R6) 2/6
O R D E R
[Order of the Court was made by S.M.SUBRAMANIAM, J.] The writ on hand has been instituted seeking direction to the respondents to remove the encroachment made by the sixth respondent in the Thuckalay Sub Court Campus.
2.The Commissioner Padmanabhapuram Municipality addressed a letter to Tahsildar, Kalkulam, vide proceeding dated 12.08.2025 stating that unauthorized constructions and deviations in the subject building constructed adjacent to the Sub Court, Padmanabhapuram were demolished and the building has been restored as per the original building plan permission granted by the competent authorities. 3.In view of the fact that the unauthorized constructions/deviations in entirety had been removed by the authorities. No further orders are required to be passed. However, the Commissioner, Padmanabhapuram Municipality and the revenue authorities are directed to ensure no further 3/6
encroachments are made by any person and in the event of any such encroachment/unauthorised constructions nearby the said Sub Court premises, the same is to be immediately removed. 4.In view of the fact that the unauthorized constructions/deviations of the subject building has already been demolished by the authorities, no further orders are required.
5.Consequently the writ petition stands disposed of. There shall be no order as to costs.
[S.M.S., J.] [G.A.M., J.] 14.08.2025 Index:Yes/No Internet:Yes/No NCC:Yes/No LR 4/6
To
1. The Assistant Executive Engineer, Construction & Maintenance Division, Public Works Department, Vepamoodu Junction, Nagercoil,
2. The Assistant ExecutiveEngineer, Thuckalay, Kanyakumari District.
3. The Revenue Divisional Officer, Thuckalay, Kanyakumari District.
4. The Tahsildar, Kalkulam Taluk, 5/6
S.M.SUBRAMANIAM, J.
and G.ARUL MURUGAN, J.
LR 14.08.2025 6/6