Mathava Ganesan, v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.03.2026

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR and THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN and W.M.P(MD)No.25654 of 2025 Thiru.Mathava Ganesan ... Petitioner vs.

1.The Commissioner, Aruppukottai Corporation, Aruppukkottai, Virudhunagar District.

2.Aruppukkottai Nadargal Pothu Uravinmurai Abhiviruthi Trust, Through its Secretary, Aruppukkottai Town and Taluk, Virudhunagar District.

3.V.Vignesh Kanna ... Respondents 1/5

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the first respondent to remove the illegal/unauthorized construction put up by the third respondent without following the procedure contemplated under the Tamil Nadu District Municipalities Act, 1920 and the Tamil Nadu Building Rules and Tamilnadu Urban Local Bodies Act 1998 in Town Survey No.86, Block-3, Ward-D, S.B.K.High School Road, Aruppukottai, Virudhunagar District. For Petitioner : Mr.V.R.Shanmuganathan For R1 : Mr.N.Dilip Kumar Standing Counsel For R2 : Mr.R.Parthasarathy For R3 : Mr.M.Jothi Basu

ORDER

(Order of the Court was made by N.SATHISH KUMAR, J.) The petitioner has filed the present Writ Petition seeking a direction to the first respondent to remove the illegal/unauthorised construction put up by the third respondent.

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2.It is the contention of the petitioner that the third respondent has constructed the building without obtaining building plan approval and, therefore, seeks a direction to remove the unauthorised construction.

3. The learned counsel appearing for the first respondent submitted that a lock and seal notice had already been issued on 08.10.2025. The third respondent admitted that he is a tenant under the second respondent. According to him, he has put up the construction and proposes to take steps to regularise the same.

4. The third respondent, being only a tenant, does not have any right to put up construction on the property belonging to another. If there is any violation with regard to building plan approval, the first respondent shall proceed in accordance with law, including demolition of the unauthorised construction, within a period of four months from the date of receipt of a copy of this order.

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5. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

[N.S.K.,J.] [M.J.R.,J.] 24.03.2026 NCC : Yes / No Index : Yes / No Internet : Yes am To 1.The Commissioner, Aruppukottai Corporation, Aruppukkottai, Virudhunagar District.

2.Aruppukkottai Nadargal Pothu Uravinmurai Abhiviruthi Trust, Through its Secretary, Aruppukkottai Town and Taluk, Virudhunagar District.

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N.SATHISH KUMAR , J.

and M.JOTHIRAMAN , J.

am ORDER MADE IN DATED : 24.03.2026 5/5