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Subha Singh .S v. The Executive Officer

Madras HC29 Jan 2026WP(MD)/6230/2023

Case brief

AI extract

What is this about?

W.P.(MD)No.6230 of 2023; Madurai Bench of Madras High Court; R.Vijayakumar, J.; S.Subha Singh vs Executive Officer, Kappiyarai Town Panchayat & Pathrose (impleaded); writ of mandamus; Article 226 of the Constitution of India; building plan approval; water wash service station; Survey No.529/2, Kappiyarai Panchayat, Kanyakumari District; application dated 11.12.2022; online application direction; hearing of objector before orders; six weeks timeline; antecedent writ W.P(MD)No.13839 of 2022 disposed 28.07.2022; disposed of, no costs; decided 29.01.2026.

What did the court decide?

Directions issued: petitioner to submit an online application to the first respondent; second respondent to be given an opportunity to raise objections before any orders are passed; exercise to be completed within six weeks; writ petition disposed of. No costs.

Subha Singh .S Vs The Executive Officer — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether a writ of mandamus should be issued directing the first respondent Town Panchayat to give building plan approval to the petitioner for running a water wash service station at S.No.529/2, Kappiyarai Panchayat, by considering his application dated 11.12.2022.

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Court's answer

The petitioner is directed to submit an online application to the first respondent (Executive Officer, Kappiyarai Town Panchayat), consistent with the first respondent's position that requests are considered only through online applications.

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Ratio / Principle

Before passing any orders on the application, the second respondent (Pathrose) is to be given an opportunity to raise his objections.

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Key takeaways

The said exercise shall be completed within a period of six weeks from the date of receipt of a copy of the order.ratio¶24

Detailed headnote1 paragraphs

Writ of mandamus under Article 226 of the Constitution of India (W.P.(MD)No.6230 of 2023, Madurai Bench of Madras High Court, R.Vijayakumar, J., decided 29.01.2026) by S.Subha Singh seeking building plan approval from the Executive Officer, Kappiyarai Town Panchayat, Kanyakumari District, for running a Water Wash Service Station at Survey No.529/2 by considering his application dated 11.12.2022. Background: the impleaded second respondent Pathrose had earlier filed W.P(MD)No.13839 of 2022 against the petitioner, disposed of on 28.07.2022 with a direction that the petitioner approach the authorities for permission and that objectors be heard; the petitioner's subsequent application dated 11.12.2022 was not considered. Held/directed: the petitioner is to submit an online application to the first respondent; before any orders are passed, the second respondent is to be given an opportunity to raise objections; the entire exercise is to be completed within six weeks of receipt of a copy of the order. Petition disposed of. No costs.

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 29.01.2026

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CORAM

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THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR

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W.P.(MD)No.6230 of 2023

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S.Subha Singh ...Petitioner

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The Executive Officer, Kappiyarai Town Panchayat, Kappiyarai - 629 156, Kanyakumari District.

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Pathrose (R2 is impleaded Vide Court Order dated 14.06.2023 in WMP(MD).7229 of 2023 in WP(MD)No.6230 of 2023)

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...Respondents

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PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondent Kappiyarai Town Panchayat to give building plan approval to the petitioner for running Water Wash Service Station in his land at Survey No.529/2 in Kappiyarai Panchayat by considering his application dated 11.12.2022.

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For Petitioner : M/s.K.Ragatheesh Kumar For Respondents : M/s.D.Farjana Ghoushia Special Government Pleader for R1 M/s.J.Anandhavalli for R2

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

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ORDER

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The present writ petition has been filed seeking a mandamus directing the first respondent Town Panchayat to give building plan approval to the writ petitioner for running a water wash service station in S.No.529/2, Kappiyarai Panchayat by considering his application dated 11.12.2022.

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The petitioner herein was running service station without any permission from the concerned authorities. Hence, the second respondent had filed W.P(MD)No.13839 of 2022 seeking to initiate action as against the present writ petitioner. The said writ petition was disposed of on 28.07.2022 with a direction to the present writ petitioner to approach the concerned authorities seeking permission. In case if the writ petitioner herein approaches the concerned authorities, the objectors should also be heard.

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Pursuant to the order of this Court, the petitioner has submitted an application on 11.12.2022. Since the said application has not been considered, the present writ petition has been filed.

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The learned Special Government Pleader appearing for the first respondent submitted that unless an application is filed on online, they would

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

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not be in a position to consider the request of the petitioner.

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In view of the above said facts, the petitioner is directed to submit an online application to the first respondent and before passing any orders in the said application, the second respondent may be given an opportunity to raise his objections. The said exercise shall be completed within a period of six weeks from the date of receipt of a copy of this order.

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