Hemalatha v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 08/01/2026

CORAM

THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY Hemalatha ... Petitioner Vs 1.The District Collector, Thoothukudi District, Thoothukudi.

2. The Assistant Director, Town Panchayats, Thoothukudi District, Thoothukudi.

3.The Tahsildar, Taluk Office, Tiruchendur Taluk, Thoothukudi District.

4.The Executive Officer, Udankudi Town Panchayat, Tiruchendur Taluk, Thoothukudi 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 1/5

respondents to refrain from disturbing the peaceful possession and enjoyment of the petitioner's property with compound wall extending 350 Sq. Feet in Natham Survey No. 61 in Koola Theru at Kalankudiruppu Village, Udangudi, Thiruchendur Taluk, Thoothukudi District bounded by South of East - West Street, East of remaining land of vendor Murugan, North and West of petitioner's House site either by demolishing the petitioner compound wall without any notice, enquiry and without any measurement as per the street plan maintained by the 4th respondent or in any manner by considering petitioner's representation dated 25.08.2023.

For Petitioner : Mr.Kannan for Mr.S.R.Anbarasu, For R1 to R3 : Mrs.S.Jeyapriya Government Advocate For R4 : Mr.T.Amjadkhan Government Advocate

ORDER

This Writ Petition is filed seeking a direction to the respondents to refrain from disturbing the peaceful possession and enjoyment of the petitioner's property with compound wall extending 350 Sq.feet situated 2/5

in Natham Survey No. 61, Koola Theru at Kalankudiruppu Village, Udangudi, Thiruchendur Taluk, Thoothukudi District, by considering petitioner's representation dated 25.08.2023. 2.The learned counsel for the petitioner would submit that in the present case, the respondents 1 to 4 are attempting to remove the compound wall without following due process of law. 3.The learned counsel for the respondents 1 to 4, on instructions, would submit that in the present case, a notice has already been issued to the petitioner, showing the reasons why the compound wall cannot be demolished. Therefore, if any action is taken, it would be in accordance with due process of law.

4.Considering the aforesaid submissions, there is no cause for apprehension on the part of the petitioner, since the official respondents have already initiated the process of issuing notices to enable the petitioner to show cause why the compound wall should not be demolished in accordance with law. If the petitioner establishes his case 3/5

before the concerned authority in accordance with law, the authority cannot take any adverse action. Therefore, the question of taking action on the part of the official respondents without following due process of law does not arise. Accordingly, this Writ Petition is disposed of. No costs.

08.01.2026 Index : Yes/No Internet: Yes/No TO 1.The District Collector, Thoothukudi District, Thoothukudi.

2. The Assistant Director,, Town Panchayats, Thoothukudi District, Thoothukudi.

3. The Tahsildar, Taluk Office, Tiruchendur Taluk, Thoothukudi District..

4. The Executive Officer, Udankudi Town Panchayat, Tiruchendur Taluk, Thoothukudi District.

4/5

KRISHNAN RAMASAMY,J cp

ORDER

IN WP(MD) No.21324 of 2023 Date : 08/01/2026 5/5