G.Vinoth v. The Sub Collector / Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.11.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN G.Vinoth ... Petitioner Vs.

1.The Sub Collector/Revenue Divisional Officer, Revenue Divisional Office, Kovilpatti, Thoothukudi District.

2.The Tahsildar, Taluk Office, Kovilpatti, Thoothukudi District.

3.The Inspector of Police, Kovilpatti West Police Station, Kovilpatti, 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 respondents to remove the dilapidated structure / building belong to the petitioner's Kammavar Community situated in Survey No.919/4, Aavalnatham Village, Kovilpatti Taluk, Thoothukudi District U/s.152(1)(d) of BNSS, 2023, within a time frame fixed by this Court.

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For Petitioner : Mr.R.Murugappan For R-1&R-2 : Mr.A.Oliraja Government Advocate (Civil) For R3 : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

The petitioner seeks a direction to the respondents to remove the dilapidated structure / building belong to a particular community, to which the petitioner belongs, situated in Survey No.919/4, Aavalnatham Village, Kovilpatti Taluk, Thoothukudi District U/s.152(1)(d) of BNSS, 2023.

2. The learned Additional Public Prosecutor, on instructions, would submit that an enquiry is pending on the representation made by the petitioner. Further he would submit that suppressing the fact that an enquiry is pending, the petitioner has come up with the innocuous prayer to permit the petitioner to demolish the building; and that there is a rival claim with regard to the ownership of the said building between the petitioner and others.

3. Since there is a rival claim and the petitioner has not disclosed the same in this Writ Petition, this Court is not inclined to entertain this Writ Petition. If the petitioner claims exclusive right for the said property, it is for 2/4

him to establish the same before the civil Court.

4. With the above observation, this Writ Petition is dismissed. No costs. 19.11.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Indu To 1.The Sub Collector/Revenue Divisional Officer, Revenue Divisional Office, Kovilpatti, Thoothukudi District.

2.The Tahsildar, Taluk Office, Kovilpatti, Thoothukudi District.

3.The Inspector of Police, Kovilpatti West Police Station, Kovilpatti, Thoothukudi District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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SUNDER MOHAN, J.

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