K.Bharanidharan v. The President

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.11.2025

CORAM:

THE HONOURABLE DR.JUSTICE ANITA SUMANTH AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN K.Bharanidharan ... Petitioner Vs.

1.The President, Kathaikinaru Panchayat, 2.The Executive Engineer, TANGEDCO, Madurai Region, Madurai District.

3.The Assistant Engineer, TANGEDCO, Kathaikinaru Section Office, 4.The District Collector, Madurai District, Collectorate, Madurai.

5.The Revenue Divisional Officer, Melur Division, Madurai District.

1/6

6.The Tahsildar, 7.The Surveyor, 8.The Superintendent of Police, K. Pudur, Madurai District.

9.The Raja Alias Kumaresan, S/o. Stanislaus, D.No.40, Ulaganathan Servai Street, K.Pudur, Madurai. 10.Alagumalai 11.Gopalakrishnan ... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent Nos.1 to 6 to cancel the Building Plan Approval No.34/2020 granted by the first respondent and all electricity connections granted by the 2nd and 3rd respondents to the illegal construction on S.No.31/2B and directing the respondents 1 to 8 to forthwith demolish the illegal structures put up by respondents 9 to 11 in S.No.31/2B, Melur Taluk, Madurai District and take appropriate disciplinary and criminal action against Government officials and private individuals who abetted or failed to prevent such illegal encroachment.

2/6

For Petitioner : Mr.J.I.Nithin Kaanth For Respondents : Mr.M.Sarangan (R1) Additional Government Pleader : Mr.J.Ashok (R4 to R7) Additional Government Pleader : Mr.P.Kottaichamy (R8) Government Advocate

ORDER

(Order of the Court was made by DR.ANITA SUMANTH, J.) The petitioner claims to be aggrieved by the construction in S.No.31/2B, Melur Taluk, Madurai District ('property'/'property in question'), put up by R9 to R11. He also assails the electricity connection granted in respect of the aforesaid properties, as, according to him, the constructions are illegal. However, the very prayer refers to Building Plan Approval bearing No.34 of 2020 granted by R1 ie., the President of Kathakinaru Panchayat, Melur Taluk, Madurai District, based on which the subject construction has been put up.

2.In such circumstances, unless Building Plan Approval No.34 of 2020 is either varied or cancelled, the question of directing removal of constructions will not arise. Hence, we are not in a position to consider 3/6

the prayer for Mandamus as sought for in the Writ Petition and dismiss the Writ Petition though granting liberty to the petitioner to challenge the Building Plan Approval itself, if so advised, in a manner known to law. No costs.

[A.S.M.J.,] & [C.K.J.,] 21.11.2025 NCC :Yes/No Index :Yes/No Internet :Yes ps To 1.The President, Kathaikinaru Panchayat, 2.The Executive Engineer, TANGEDCO, Madurai Region, Madurai District.

3.The Assistant Engineer, TANGEDCO, Kathaikinaru Section Office, 4.The District Collector, Madurai District, Collectorate, Madurai.

4/6

5.The Revenue Divisional Officer, Melur Division, Madurai District.

6.The Tahsildar, 7.The Surveyor, 8.The Superintendent of Police, K. Pudur, Madurai District.

5/6

DR.ANITA SUMANTH, J.

AND C.KUMARAPPAN, J.

ps 21.11.2025 6/6