Disposed¶7

Madurai Aatheenam v. The Executive officer cum President

Madras HC2 Mar 2026WP/20567/2022

Case brief

AI extract

What is this about?

Over Head Tank; unauthorised construction; S.No.80/1 Pannatheru village; Thirukkuvalai Taluk; Nagapattinam; Madurai Aatheenam; land owner approval; Village Panchayat Executive Officer; District Collector; Block Development Officer; writ of mandamus; Article 226 Constitution of India; representation dated 01.07.2022; interim injunction order dated 11.08.2022; impleadment W.M.P.No.21319 of 2022; writ petition disposed with directions; no costs.

What did the court decide?

Writ petition disposed of with a direction to the respondents to obtain approval from the land owner and the appropriate authority before proceeding with construction of the Over Head Tank; no costs; connected miscellaneous petition (WMP No. 19680 of 2022) closed. ¶7

Madurai Aatheenam Vs The Executive officer cum… — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the respondents' construction of the Over Head Tank in S.No.80/1, Pannatheru village, Thirukkuvalai Taluk, Nagapattinam District, on land stated to belong to the petitioner/Madurai Adheenam, was illegal and unauthorised for want of prior approval from the land owner, warranting a writ of mandamus (including demolition).

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Court's answer

The Court found that, without getting prior approval from the land owner, the respondents had started constructing the Over Head Tank.

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Ratio / Principle

The Court directed the respondents to obtain approval from the land owner as well as the appropriate authority, and thereafter to proceed with the construction of the Over Head Tank.

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Detailed headnote1 paragraphs

Madras High Court (Krishnan Ramasamy J.), order dated 02-03-2026 in WP No. 20567 of 2022: Madurai Aatheenam, represented by its Manager, sought a writ of mandamus under Article 226 of the Constitution of India to demolish an Over Head Tank constructed in S.No.80/1, Pannatheru village, Thirukkuvalai Taluk, Nagapattinam District, alleging the land belonged to it and construction began without prior approval or gift, despite an unanswered representation dated 01.07.2022 and an interim injunction order dated 11.08.2022. The Government Advocate undertook that the representation would be considered within a time frame fixed by the Court. Observing that construction had commenced without prior approval from the land owner, the Court disposed of the petition directing the respondents to obtain approval from the land owner as well as the appropriate authority and thereafter proceed with the construction. No costs; connected miscellaneous petition closed.

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WP No. 20567 of 2022

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 02-03-2026

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CORAM

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THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY WP No. 20567 of 2022 and WMP No. 19680 of 2022

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Madurai Aatheenam, Rep. by its Manager, South Aavani Moola Street, Madurai – 1.

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..Petitioner(s)

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1.The Executive Officer cum President, Pannatheru Village Panchayat, Thalaignayiru Union, Nagapattinam District.

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2.District Collector, First Floor, Collectorate, Nagapattinam – 611 001.

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3.Block Development Officer, Block panchayat, Thalanayar, Thalainayar BDO Office, Talanayar Agraharam, Nagapattinam – 614 712.

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(R2 & R3 impleaded vide order dated 02.12.2022 made in W.M.P.No.21319 of 2022 in W.P.No.20567 of 2022 by PDAJ)

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..Respondent(s)

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Prayer: This writ petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondents to demolish the illegal and unauthorized construction of over Head Tank in the S.No.80/1, Pannatheru village, Thirukkuvalai Taluk Nagapattinam District.

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__________ Page1 of 4

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

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WP No. 20567 of 2022

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For Petitioner(s) : Mr.C.Rajakumar Mr.U.L.Akshai Sajin Kumar M/s.S.Girija Iyswaryah For Respondent(s) : Mr.P.Ganesan, GA

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ORDER

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This writ petition is filed to direct the respondents to demolish the illegal

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and unauthorized construction of over Head Tank in the S.No.80/1, Pannatheru village, Thirukkuvalai Taluk Nagapattinam District.

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Learned counsel for the petitioner would submit that the land comprised in S.No.80/1 in Pannatheru Village, Thirukkuvalai Taluk, Nagapattinam District belongs to the petitioner/Madhurai Adheenam and without getting prior approval or gift of the land from the Madurai Aatheenam, the respondents started constructing the Over Head Tank. In order to stop the same, a representation dated 01.07.2022 was sent to the respondents. However, no order was passed, as on date. Hence, the petitioner has come forward with the present writ petition.

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Learned counsel for the petitioner would further submit that this Court

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vide its order dated 11.08.2022 granted an order of interim injunction for constructing the Over Head Tank. Accordingly, he prays for appropriate orders.

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Page2 of 4

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

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WP No. 20567 of 2022

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Learned Government Advocate appearing for the respondents would

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submit that the petitioner's representation dated 01.07.2022 will be taken into consideration and appropriate order will be passed within a time frame to be fixed by this Court.

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Heard the learned counsel on either side and perused the materials available on record.

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It appears that, without getting prior approval from the land owner, the respondents have started constructing the Over Head Tank and this Court has also granted interim injunction for constructing the same. Therefore, this Court directs the respondents to get an approval from the land owner as well as appropriate authority and thereafter proceed with the construction of the Over Head Tank.

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