S.Ayisha Kani Vs The District Collector — Writ and Judicial Review | Madras HC (2025)

S.Ayisha Kani Vs The District Collector — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Writ of mandamus effectively granted in the form of directions: the 2nd respondent to consider the petitioner's representation dated 03.10.2025 and pass orders after a personal hearing to the petitioner and all other interested parties, to ensure removal of the encroachment made by the neighbouring property owner, and to complete the exercise within three months from receipt of a copy of the order; no costs awarded (para 30).

Issue for consideration

Whether a writ of mandamus can be issued directing the respondents to take steps to allow the petitioner's drainage water and rain water from his house (Door No.16, Sy.No22/2, 22/3, 22/4, Muslim Big Street, Aruppukottai) to flow into the drainage channel of the 2nd respondent municipality, by considering the petitioner's representation dated 03.10.2025.

Court's answer

The Court directed the 2nd respondent (Municipal Commissioner, Aruppukottai) to consider the petitioner's representation dated 03.10.2025 and pass orders after affording an opportunity of personal hearing to the petitioner and all other interested parties.

Ratio / Principle

The 2nd respondent was directed to ensure that the encroachment made by the neighbouring property owner is removed.

Key takeaways

The said exercise (consideration of the representation and removal of the encroachment) was to be completed within three months from the date of receipt of a copy of the order.ratio¶25
With the above directions, the writ petition stands disposed of.ratio¶29

Detailed headnote1 paragraphs

Madras High Court (Madurai Bench), P.T. Asha, J., disposed of W.P.(MD)No.30682 of 2025 on 24.11.2025. The petitioner, S. Ayisha Kani, filed the writ under Article 226 of the Constitution of India seeking a writ of mandamus directing the District Collector, Virudhunagar District and the Municipal Commissioner, Aruppukottai to take steps to allow the drainage water and rain water accumulating at her house, Door No.16, Sy.No22/2, 22/3, 22/4, Muslim Big Street, Aruppukottai, to flow into the drainage channel of the 2nd respondent municipality, by considering her representation dated 03.10.2025. The eastern-side pathway used for discharge had been obstructed by neighbouring property owners who constructed on the canal bund, and the representation had not been considered. The Court did not decide the civil question itself; it disposed of the petition by directing the 2nd respondent to consider the representation and pass orders after affording a personal hearing to the petitioner and all other interested parties, to ensure removal of the encroachment made by the neighbouring property owner, and to complete the exercise within three months from receipt of a copy of the order. No costs.

W.P.(MD)No.30682 of 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 24.11.2025

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA

W.P.(MD)No.30682 of 2025

S.Ayisha Kani .. Petitioner Vs. 1.The District Collector, Collectorate Campus, Virudhunagar District. 2.The Municipal Commissioner, Municipal Office, Aruppukottai. .. Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents to take steps to allow petitioner's drainage water and rain water stagging in his house bearing Door No.16, in Sy.No22/2, 22/3, 22/4, Muslim Big Street, Aruppukottai into the drainage channel belonging to the 2^nd respondent municipality by considering petitioner's representation dated 03.10.2025.

For Petitioner : Mr.M.Ananth Kumar

_________Page 1 of 5

https://www.mhc.tn.gov.in/judis

W.P.(MD)No.30682 of 2025

For R1 : Mr.A.Kannan Additional Government Pleader For R2 : Mr.N.Dilipkumar

ORDER

This writ petition has been filed for the following relief :

“directing the respondents to take steps to allow petitioner's

drainage water and rain water stagging in his house bearing Door No.16, in Sy.No22/2, 22/3, 22/4, Muslim Big Street, Aruppukottai into the drainage channel belonging to the 2^nd respondent municipality by considering petitioner's representation dated 03.10.2025.”

The case of the petitioner is that the subject property originally belonged to one Bansura Begum. Her husband had purchased the said property under a registered sale deed dated 07.03.2024 and in turn, had gifted the same to the petitioner by settlement deed dated 02.01.2025. Her predecessor-in-title had provided a three feet wide pathway on the eastern side of the house for the purpose of discharging drainage water

_________Page 2 of 5

https://www.mhc.tn.gov.in/judis

W.P.(MD)No.30682 of 2025

and rainwater from the terrace into the rainwater canal situated in front of the property. However, the said pathway has been obstructed due to interference by the neighbouring property owners, who have put up construction on the bund of the canal. Therefore, the petitioner had sent a representation dated 03.10.2025 requesting the authorities to take necessary action to ensure that the drainage and rainwater are allowed to flow into the canal . As the said representation was not considered to date, the petitioner is before this Court.

Heard the learned counsels on either side.

This Court directs the 2^nd respondent to consider the

representation of the petitioner, dated 03.10.2025 and pass orders after affording an opportunity of personal hearing to the petitioner and all other interested parties. The 2^nd respondent shall ensure that the encroachment made by the neighbouring property owner is removed. The said exercise shall be completed within a period of three (3) months from the date of receipt of copy of this order.

_________Page 3 of 5

https://www.mhc.tn.gov.in/judis

W.P.(MD)No.30682 of 2025

With the above directions, this Writ Petitions stands disposed of.

No costs.

24.11.2025

NCC : Yes/No Index : Yes/No Internet : Yes gbg To

1.The District Collector, Collectorate Campus, Virudhunagar District.

2.The Municipal Commissioner, Municipal Office, Aruppukottai.

Page 4 of 5

https://www.mhc.tn.gov.in/judis

W.P.(MD)No.30682 of 2025

P.T.ASHA, J.

gbg

W.P.(MD)No.30682 of 2025

24.11.2025

_________Page 5 of 5

https://www.mhc.tn.gov.in/judis