Madras High Court
WP(MD)/29771/2026 of Nambirajan alias Naveen Vs The District Collector on 15 October 2026
WP(MD) No. 29771 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 15-10-2026
CORAM
THE HON'BLE MR JUSTICE SENTHILKUMAR
RAMAMOORTHY
WP(MD) No. 29771 of 2026
CNR:{HCMD011460622026}
AND
WMP(MD) No. 22642 of 2026
Nambirajan alias Naveen
S/o.Kalyansundaram,
Plot No.30,15th South Street,
Thiyagarajanagar
Palayamkottai
Tirunelveli District
..Petitioner(s)
Vs
1. The District Collector
O/o District Collector
Tenkasi District
2. THE District Forest Officer
O/o District Forest Officer
Tenkasi District
3. THE District Revenue Officer
O/o District Revenue Officer
Tenkasi District
4. THE Thasildhar
Shengottai Taluk
Tenkasi District
..Respondent(s)
PRAYER: Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Mandamus forbearing the respondents from demolishing or interfering with the remaining structure __________
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WP(MD) No. 29771 of 2026
in Survey No. 23/part, Mekarai Village, without issuing notice and without following due process of law based on the petitioners representation dated 05.10.2026 and pass any further order or orders as this Honble Court may deem fit and proper under the circumstances of the case and thus render justice.
For Petitioner(s):
M/s Sma Jinnah
For Respondent(s):
Mr.R.Parthiban, SGP
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ORDER
Asserting that the petitioner is a registered lessee of the Thiruvaavaduthurai Adheenam over land in Survey No. 23/part, Makerai Village, Sengottai Taluk, the petitioner states that a wall put up by the petitioner in the leased land was demolished partly without prior notice or an opportunity to the petitioner.
2. Accepting notice for all the respondents, learned Special Government Pleader relies on the judgment of a Division Bench of this Court in R. Vinoth v. Additional Chief Secretary to Government, Tourism and Culture Department and Others, dated 23.11.2022 in W.P.(MD) No. 26466 of 2022, directing the official respondents therein to take immediate steps to form a committee to curtail the illegal diversion of the natural flow of waterfalls by operators of private resorts. He submits that action against the petitioner was taken pursuant to and in terms of said __________
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WP(MD) No. 29771 of 2026 order.
3. While it is open to the respondents to initiate action in respect of any unlawful activity by the petitioner, it is necessary to put the petitioner on notice and provide the petitioner a reasonable opportunity to respond to the allegations against him. Since it appears that this was not done, the respondents shall forbear from proceeding further with the demolition without providing a reasonable opportunity to the petitioner. The petitioner shall, however, not put up any further construction without obtaining the necessary permission in that regard.
4. The Writ Petition stands disposed of with these observations. No costs. Consequently, the connected miscellaneous petition is closed. 15-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No PKN __________
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WP(MD) No. 29771 of 2026 To
1. The District Collector O/o District Collector Tenkasi District
2. THE District Forest Officer O/o District Forest Officer Tenkasi District
3. THE District Revenue Officer O/o District Revenue Officer Tenkasi District
4. THE Thasildhar Shengottai Taluk Tenkasi District __________
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WP(MD) No. 29771 of 2026 SENTHILKUMAR RAMAMOORTHY, J. PKN WP(MD) No. 29771 of 2026 AND WMP(MD) No. 22642 of 2026 15-10-2026 __________
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