Madras High CourtWP(MD)/33816/2025allowed

Ganesan v. The District Collector,

2025-11-26Honourable Ms. Justice P.T. Asha4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.11.2025

CORAM

THE HONOURABLE MS.JUSTICE P.T.ASHA Writ Petition(MD)No.33816 of 2025 and WMP(MD)No.26709 of 2025 Ganesan ..Petitioner Vs

1. The District Collector Collectorate, Tirunelveli.

2. The Executive Officer, Office of the Town Panchayat Grade I Gopalasamuthiram, Tirunelveli 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 first respondent to remove the basement which was constructed in Patta land bearing new S.No.808/24 (Old S.No.285/1 part) of Gopalasamuthiram Village, Seranmahadevi Taluk, by considering the petitioner's representation dated 10.09.2025 within the time as stipulated by this Court. For Petitioner : Mr.K.K.Samy For Respondents : Mr.D.Gandhi Raj Spl. Govt. Pleader (for R1) Mr.A.Kannan Addl. Govt. Pleader (for R2) 1/4

ORDER

The petitioner seeks a direction to the first respondent to remove the basement constructed in the Patta land bearing New S.No. 808/24 (Old S.No. 285/1 Part) of Gopalasamuthiram Village, Seranmahadevi Taluk, by considering the petitioner's representation dated 10.09.2025, within the time stipulated by this Court.

2. According to the petitioner, the second respondent Panchayat has constructed a basement for installing a water tank by encroaching upon the petitioner's property without obtaining any approval. In this regard, the petitioner submitted a representation to the respondents. Since no action was taken, the petitioner has approached this Court. 3.Mr.D.Gandhi Raj, learned Special Government Pleader appearing for the first respondent submits that the respondents will conduct a survey, and if it is found that the construction has been put up on the petitioner's Patta land, the same will be removed.

4. Recording the submission of the learned Special Government Pleader, this writ petition is disposed of with a direction to the respondents to conduct a survey, and if it is found that the construction is put up on the 2/4

petitioner's Patta land, the same shall be removed. The said exercise shall be completed within a period of three weeks from the date of receipt of a copy of this order. No costs. Consequently, the connected miscellaneous petition is closed.

26.11.2025 NCC : Yes/No Index : Yes/No Internet:Yes skn To

1. The District Collector Collectorate, Tirunelveli.

2. The Executive Officer, Office of the Town Panchayat Grade I Gopalasamuthiram, Tirunelveli District.

3/4

P.T.ASHA, J.

skn Writ Petition(MD)No.33816 of 2025 and WMP(MD)No.26709 of 2025 26.11.2025 4/4