This petition challenged inaction by theelected body and revenue officials regarding alleged illegal building construction. The petitioner sought a writ directing initi ation of action and passing orders within a stipulated time. The court dismissed the suit as the underlying possession suit is pending.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.(MD)No.21873 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 13.09.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.P.(MD)No.21873 of 2024 and W.M.P.(MD)No.18531 of 2024
Mangalanathan, S/o.Late.Manganathan ... Petitioner
-vs-
_____________ Page 1 of 5_
W.P.(MD)No.21873 of 2024
5.Ramasamy @ Navaaskhan, S/o.Late.Kattari ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents 1 to 4 to consider the petitioner's representations dated 29.07.2024 and 30.08.2024 for initiating action against the fifth respondent for illegal and unauthorized building construction situated in Survey No.103/16, Kooriyur Village, Ramanathapuram Taluk, Ramanathapuram District, without obtaining building plan approval and pass appropriate orders within the period that may be stipulated by this Court.
For Petitioner : Mr.R.Karunanithi
For R1 to R4 : Mr.S.P.Maharajan Special Government Pleader
O R D E R
[Order of the Court was made by R.SUBRAMANIAN, J.]
Prayer in the Writ Petition reads as follows:-
''To issue a Writ of Mandamus directing the respondents 1 to 4 to consider the petitioner's representations dated 29.07.2024 and 30.08.2024 for initiating action against the fifth respondent for illegal and unauthorized building construction situated in Survey No.103/16, Kooriyur Village, Ramanathapuram Taluk, Ramanathapuram District, without obtaining building plan approval and pass appropriate orders within the period that may be stipulated by this Court. ''
Page 2 of 5
W.P.(MD)No.21873 of 2024
2 . Admittedly, the suit in O.S.No.58 of 2023 filed by the petitioner
against the fifth respondent before the District Munsif Court, Ramanathapuram, for recovery of possession, is pending.
3 . Leaving it open to the petitioner to prosecute the suit to its logical
conclusion, this Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.
NCC : No [R.S.M., J.] [L.V.G., J.] Index : No 13.09.2024 smn2
To:-
Ramanathapuram District.
Page 3 of 5
W.P.(MD)No.21873 of 2024
4.The President, Puthaenthal Village Panchayat, Ramanathapuram, Ramanathapuram District.
_____________ Page 4 of 5_
W.P.(MD)No.21873 of 2024
R.SUBRAMANIAN, J. and L.VICTORIA GOWRI, J.
smn2
W.P.(MD)No.21873 of 2024 and W.M.P.(MD)No.18531 of 2024
13.09.2024
_____________ Page 5 of 5_
1 issue framed by the court
Whether the writ petition seeking directions to initiate action against illegal construction should be allowed given the pendency of a possession suit filed by the petitioner.
Mangalanathan, S/o.Late.Manganathan
The District Collector, District Collector Office, Ramanathapuram District
The Tahsildar, Tahsildar Office, Ramanathapuram Taluk, Ramanathapuram District
The Block Development Officer, Block Development Office (Village Panchayat), Ramanathapuram, Ramanathapuram District
The President, Puthaenthal Village Panchayat, Ramanathapuram, Ramanathapuram District
Ramasamy @ Navaaskhan, S/o.Late.Kattari
R.SUBRAMANIAN
L.VICTORIA GOWRI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
