Madras High Court

WP(MD)/29663/2026 of B.Sundaram Vs The District Collector on 13 October 2026

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WP(MD) No. 29663 of 2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 13-10-2026

CORAM

THE HON'BLE MR JUSTICE G.R.SWAMINATHAN

AND

THE HON'BLE MRS.JUSTICE M.D.SUMATHI

WP(MD) No. 29663 of 2026

AND

WMP(MD)No.22565 of 2026

CNR:{HCMD011482862026}

B.Sundaram,

No. 1/113, Naduvikottai - Melaiyur Village, Tirupathur Taluk, Sivagangai District.

..Petitioner(s)

Vs

1. The District Collector,

Office of the District Collector,

Sivagangai District, Sivagangai.

2. The Assistant Director of Village Panchayat Office of the District Collector, Sivagangai District, Sivagangai.

3. The Revenue Divisional officer

Devakottai,

Sivagangai District.

4. The Tahsildar

Tirupathur Taluk,

Tirupathur,

Sivagangai District.

5. The Block Development Officer

Kallal Panchayat Union,

Kallal,

Sivagangai District.

WP(MD) No. 29663 of 2026

6. The Special Officer of Naduvikottai- Melaiyur Village Panchayat Deputy Block Development Officer, Kallal Panchayat Union, Sivagangai District.

7. The Village Administrative Officer

Nadivikottai - Melaiyur Village Panchayat, Tirupathur Taluk, Sivagangai District.

8. The Assistant Engineer, (O and M)

Tamilnadu Generation and Distribution

Corporation,

Kallal,

Sivagangai District.

9. N.Manjula

Naduvikottai - Melaiyur Village Panchayat, Tirupathur Taluk, Sivagangai District.

..Respondent(s)

PRAYER: 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 6 to remove the unauthorized construction being carried over by the 9th respondent in respect of the property comprised in S.No.84/9A1(Patta No.890) Naduvikottai - Melaiyur Village, Tirupathur Taluk, Sivagangai District by considering the petitioner’s representation dated 5.9.2026 in accordance with law and within the time stipulated by this Court.

For Petitioner(s)

: Mr.P.Mahendran

For Respondent(s)

: Mr.M.S.Parthiban

Government Advocate (Civil Side)

for R.1 to R.4, R.7 & R.8

WP(MD) No. 29663 of 2026

Mr.R.Parthiban

for R.5 & R.6

Mr.S.Kameswaran

for R.9

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ORDER

(Order of the Court was made by G.R.Swaminathan J.) Heard both sides.

2. The petitioner alleges that the ninth respondent is carrying on construction activities without getting approval from the authorities concerned.

3. In fact, the ninth respondent through her counsel conceded that she had not obtained any prior approval. Without prior approval, no one can undertake any kind of developmental activity. We restrain the ninth respondent from putting up further construction. She also undertakes that she will not do so. She is permitted to submit a formal application to the authority concerned. Only after getting prior approval / regularization, she can resume the construction activity. The petitioner herein is also permitted to lodge objection before the said authority. The authority concerned shall bear in mind the objections lodged by the petitioner herein. It is the duty of the authorities to ensure that this order is not

WP(MD) No. 29663 of 2026 breached in any form. We reiterate that only after getting approval, the ninth respondent can complete the construction.

4. This Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. (G.R.S.,J.) (M.D.S.,J.) 13-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No MGA

WP(MD) No. 29663 of 2026 To

1. The District Collector, Office of the District Collector, Sivagangai District, Sivagangai.

2. The Assistant Director of Village Panchayat Office of the District Collector, Sivagangai District, Sivagangai.

3. The Revenue Divisional officer Devakottai, Sivagangai District.

4. The Tahsildar Tirupathur Taluk, Tirupathur, Sivagangai District.

5. The Block Development Officer Kallal Panchayat Union, Kallal, Sivagangai District.

6. The Special Officer of Naduvikottai- Melaiyur Village Panchayat Deputy Block Development Officer, Kallal Panchayat Union, Sivagangai District.

7. The Village Administrative Officer Nadivikottai - Melaiyur Village Panchayat, Tirupathur Taluk, Sivagangai District.

8. The Assistant Engineer, (O and M) Tamilnadu Generation and Distribution Corporation, Kallal, Sivagangai District.

WP(MD) No. 29663 of 2026 G.R.SWAMINATHAN, J. AND M.D.SUMATHI, J. MGA WP(MD) No. 29663 of 2026 13-10-2026

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