Sivaraj Avs v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN and W.M.P.(MD) No.16122 of 2025 A.V.S.Sivaraj ... Petitioner Vs

1. The District Collector, Office of the District Collector, Thanjavur.

2. The Block Development Officer, Madukur Panchayat Union, Madukkur, Pattukkottai Taluk, Thanjavur District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents herein to stop the construction of the Public Toilet in the petitioner's landed property, comprised in S. No.205/1A, situated at Siramelkudi Village, forthwith based on the petitioner's representation, dated 12.06.2025.

For petitioner : Mr. B.Jameelarasu 1/5

For respondents : Mr.D.Ghandiraj Special Government Pleader for R1 Mr.G.Suriyananth Additional Government Pleader for R2 *****

ORDER

This Writ Petition is disposed of at the time of admission with the consent of the learned counsel for the petitioner, the learned Special Government Pleader for the first respondent and the learned Additional Government Pleader for the second respondent.

2. The learned Special Government Pleader for the first respondent submits that principal approval was given earlier for putting up a construction under the Consolidated Social Construction and Mini Consolidated Social Construction (CSC & Mini CSC) Scheme, which has been later withdrawn by the District Collector, Thanjavur.

3. To this effect, the learned Special Government Pleader for the first respondent has also produced a copy of the proceedings of the first respondent, dated 10.06.2025 bearing reference in Na.Ka.No.2240/2024/m8, wherein it has 2/5

been stated as under:

3/5

4. However, it is informed by the learned counsel for the petitioner that the construction has already been put up by encroaching on the petitioner's property.

5. On a specific query as to whether any construction is put up by encroaching the petitioner's property, the learned Special Government Pleader for the first respondent is unable to confirm the same.

6. Considering the photographs that have been kept along with the typed set of papers in page Nos.25 to 27, the second respondent is directed to take steps to remove the construction, if the construction has been put up on the petitioner's patta land within a period of four (4) weeks from the date of receipt of a copy of this order.

7. This Writ Petition is disposed of, with the above observations. No costs. Consequently, connected miscellaneous petition is closed. Index : Yes / No 31.07.2025 Internet : Yes / No apd 4/5

C.SARAVANAN, J.

apd To

1. The District Collector, Office of the District Collector, Thanjavur.

2. The Block Development Officer, Madukur Panchayat Union, Madukkur, Pattukkottai Taluk, Thanjavur District.

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