N.Rajakumari Vs the District Collector — Writ and Judicial Review | Madras HC (2026)

N.Rajakumari Vs the District Collector — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

No substantive relief adjudicated; the petition stood disposed of in view of the State counsel's submission that enforcement would follow the necessary procedure under the provisions of the relevant Act and Rules, preferably within two months, with no order as to costs.

Issue for consideration

Whether a writ of Mandamus under Article 226 should direct Respondents 1 to 5 to implement the third respondent's order dated 13.03.2026 vide Na.Ka. A1/821/2026 by removing the unauthorized hollow-brick wall and tin sheet roof constructed by the sixth respondent in the street in S.No. 524/11, Naduvalur (East Village), Udayarpalayam Taluk, Ariyalur District, and restore the street to the public. +1 more

Court's answer

On perusal of the third respondent's order dated 13.03.2026, the Court found that the Monitoring Committee had concluded that there was encroachment which had to be removed, and that the third respondent had directed the fifth respondent to remove the encroachment.

Ratio / Principle

In view of the learned State counsel's submission that enforcement action would be completed by following the necessary procedure under the provisions of the relevant Act and Rules, as expeditiously as possible, preferably within a period of two months, the petition stands disposed of, and there shall be no order as to costs.

Detailed headnote1 paragraphs

MADRAS HC | W.P.No.15662 of 2026 | 22.04.2026 | Coram: Sushrut Arvind Dharmadhikari, Chief Justice (order made by him) and G. Arul Murugan, J. Petitioner N. Rajakumari, under Article 226 of the Constitution of India, sought a writ of Mandamus directing Respondents 1 to 5 (District Collector and District Revenue Officer, Ariyalur; Divisional Monitoring Committee Chairman cum Revenue Divisional Officer, Udayarpalayam; Deputy Superintendent of Police, Jayankondam; Block Development Officer, Thapazhur) to implement the third respondent's order dated 13.03.2026 vide Na.Ka. A1/821/2026 by removing the unauthorized hollow-brick wall and tin sheet roof constructed by the sixth respondent (Vinodha) in the street in S.No. 524/11, Naduvalur (East) village, Udayarpalayam Taluk, Ariyalur District, and restoring the street to the public. The Court found that the Monitoring Committee had concluded there was encroachment and had directed the fifth respondent (BDO) to remove it; the petitioner's grievance was that the encroachment was not being removed. Learned State counsel (Edwin Prabakar, State Government Pleader, assisted by M. Habeeb Rahman, Government Advocate) submitted that enforcement action would be completed per the necessary procedure under the relevant Act and Rules, preferably within two months. In view of that submission the petition was disposed of, with no order as to costs.

W.P.No.15662 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.04.2026

CORAM :

THE HONOURABLE MR. SUSHRUT ARVIND DHARMADHIKARI, CHIEF JUSTICE

AND

THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN

W.P.No.15662 of 2026

N.Rajakumari W/o. late Nagaraj No. 32, West Street Naduvalur (East) Poovanthikollai Village Kottiyal Post, Udayarpalayam Taluk Ariyalur District- 612 904.

Petitioner(s)

Vs

The District Collector Ariyalur District.

The District Revenue Officer Ariyalur District.

The Divisional Monitoring Committee Chairman Cum Revenue Divisional Officer Udayarpalayam Taluk Ariyalur District.

The Deputy Superintendent of Police Jayankondam.

The Block Development Officer Thapazhur.

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W.P.No.15662 of 2026

Vinodha

W/o. Balamurugan Naduvalur (East) Madura Poovanthikollai Village Udayarpalayam Taluk Ariyalur District.

Respondent(s)

Prayer : Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing Respondents 1 to 5 to implement the order of the 3^rd Respondent dated 13/03/3036 vide Na. Ka. A1/821/2026, by removing the unauthorized hollow-brick wall and the Tin sheet roof constructed by the 6^th Respondent in the Street in S. No. 524/11, Naduvalur (East Village), Udayarpalayam Taluk, Ariyalur District to restore the Street to the Public and to consequently restrain the 6^th Respondent from putting up any further construction in the said street.

For Petitioner(s): Mr.T.S.Baskaran

For Respondent(s): Mr.Edwin Prabakar State Government Pleader Assisted by Mr.M.Habeeb Rahman Government Advocate for R1 to R5

ORDER

(Order of the Court was made by the Hon'ble Chief Justice)

This petition has been filed under Article 226 of the Constitution of India seeking a direction to respondents 1 to 5 to ___________ Page 2 of 5_

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W.P.No.15662 of 2026

implement the order of 3^rd respondent dated 13.03.2026 vide Na.Ka. A1/821/2026, by removing the unauthorized hollow-brick wall and the Tin sheet roof constructed by 6^th respondent in the Street in S.No. 524/11, Naduvalur (East Village), Udayarpalayam Taluk, Ariyalur District to restore the street to the public.

On perusal of the order dated 13.03.2026 passed by third

respondent, who is the Chairman of the Monitoring Committee, we find that the Committee has come to the conclusion that there is encroachment and the same has to be removed. Third respondent has directed 5^th respondent to remove the encroachment.

The grievance of petitioner is that in spite of the said order,

encroachment is not being removed.

Learned State counsel submits that process is under way and enforcement action will be completed by following the necessary procedure under the provisions of the relevant Act and Rules, as expeditiously as possible, preferably within a period of two months.

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W.P.No.15662 of 2026

In view of the aforesaid submission, petition stands disposed

of. There shall be no order as to costs.

(SUSHRUT ARVIND DHARMADHIKARI,CJ) (G.ARUL MURUGAN,J) 22.04.2026

Index : Yes/No Neutral Citation : Yes/No

kpl

To

The District Collector Ariyalur District.

The District Revenue Officer Ariyalur District.

The Divisional Monitoring Committee Chairman Cum Revenue Divisional Officer Udayarpalayam Taluk Ariyalur District.

The Deputy Superintendent of Police Jayankondam.

The Block Development Officer Thapazhur.

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W.P.No.15662 of 2026

THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN,J.

(kpl)

W.P.No.15662 of 2026

22.04.2026

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