Madras High Court
WP(MD)/20414/2025 of Mary Vs The District Collector on 1 October 2026
WP(MD) No. 20414 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 01-10-2026
CORAM
THE HON'BLE MR JUSTICE M.DHANDAPANI
AND
THE HON'BLE MR.JUSTICE N.DILIP KUMAR
WP(MD) No. 20414 of 2025
and W.M.P(MD)No.15810 of 2025
CNR:{HCMD010888592025}
Mary
W/o. Chelladurai,
D.No.26/168,
Ivilai,
Thengapattanam Post,
Kanyakumari District 629 173.
..Petitioner(s)
Vs
1. The District Collector,
Kanyakumari District
at Nagercoil.
2. The Assistant Director of Village Panchayat, Collectorate Building, Nagercoil, Kanyakumari District
3. The Block Development Officer,
Village Panchayat,
Munchirai Panchayat Union,
Munchirai,
Kanyakumari District.
4. The Executive Officer,
Painkulam Panchayat,
Painkulam Post,
Kanyakumari District.
5. Ajitha,
W/o. Raguvaran,
Parapaara Vilai,
WP(MD) No. 20414 of 2025
Thengapattanam Post, - 629 173,
Kanyakumari District.
..Respondent(s)
Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the Respondents 1 to 4 to demolish the illegal and unauthorized construction made by the 5th Respondent in violation of Building Rules and further to prevent the 5th Respondent from doing illegal and unauthorized construction in Re Survey Nos.500/10,12,13 of Thengapattanam Village, Killiyoor Taluk, Kanyakumari District by considering my representation dated 07.07.2025 and to pass such further or other orders as this Honble Court may deem fit and proper in the facts and circumstances of the case and thus render justice.
For Petitioner(s):
Mr.M.R.Sreenivasan
For Respondent(s):
Mr.M.Mahaboob Athiff (R1 to R4)
Special Government Pleader
Mr.P.Sonu (R5)
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ORDER
(Order of the Court was made by M.Dhandapani J.) This Writ Petition has been filed seeking issuance of a Writ of Mandamus directing respondents 1 to 4 to demolish the alleged illegal and unauthorised construction put up by the fifth respondent in violation of the applicable Building Rules and to restrain the fifth respondent from putting up any further illegal or unauthorised construction in Re-Survey
WP(MD) No. 20414 of 2025
Nos.500/10, 500/12 and 500/13, situated at Thengapattanam Village, Killiyoor Taluk, Kanyakumari District, by considering the representation of the petitioner dated 07.07.2025.
2. The learned counsel appearing for the petitioner submitted that the petitioner has submitted a representation dated 07.07.2025 to the official respondents seeking appropriate action against the alleged illegal and unauthorised construction put up by the fifth respondent.
3. The learned counsel appearing for the private respondent submitted that a civil suit in O.S. No.83 of 2025, on the file of the learned Principal District Munsif Court, Kulithurai, is already pending between the petitioner and the private respondent seeking a mandatory injunction, wherein the private respondent has also raised a counter-claim.
4. In view of the above, this Court is of the considered view that the issues raised in the present Writ Petition involve disputed questions of fact, which can appropriately be adjudicated by the competent Civil Court. Accordingly, liberty is granted to both the petitioner and the private respondent to work out their respective remedies in the pending
WP(MD) No. 20414 of 2025
civil suit, in accordance with law.
5. Accordingly, this Writ Petition is closed. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed. (M.D.I.,J.) (N.D.K.,J.) 01-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No PS
WP(MD) No. 20414 of 2025
To
1. The District Collector, Kanyakumari District at Nagercoil.
2. The Assistant Director of Village Panchayat, Collectorate Building, Nagercoil, Kanyakumari District
3. The Block Development Officer, Village Panchayat, Munchirai Panchayat Union, Munchirai, Kanyakumari District.
4. The Executive Officer, Painkulam Panchayat, Painkulam Post, Kanyakumari District.
WP(MD) No. 20414 of 2025
M.DHANDAPANI, J. AND N.DILIP KUMAR, J. PS WP(MD) No. 20414 of 2025 01-10-2026