Mariyayee Vs The District Collector — Writ and Judicial Review | Madras HC (2026)

Mariyayee Vs The District Collector — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

Writ petition disposed of with a direction to the authority concerned to consider the petitioner's representation dated 07.03.2026 and pass orders on merits in accordance with law, after affording due opportunity to the fifth respondent, as expeditiously as possible; no costs; connected miscellaneous petition (W.M.P.(MD) No.7043 of 2026) closed.

Issue for consideration

Whether a writ of mandamus should be issued directing the first respondent to take appropriate steps to demolish the unauthorised construction put up by the fifth respondent in Survey No. 531/17, situated at 2nd Street, Annai Indra Nagar, Shanmuganathapuram Village, Andipatti Taluk, Theni District, by considering the petitioner's representation dated 07.03.2026.

Court's answer

Since the petitioner's representation dated 07.03.2026 was pending before the authorities concerned, the Court disposed of the writ petition with a direction to the authority concerned to consider the said representation and pass orders on merits in accordance with law.

Ratio / Principle

The orders on the representation are to be passed after affording due opportunity to the fifth respondent, as expeditiously as possible.

Key takeaways

The Court expressly made it clear that it had not expressed any opinion on the merits of the matter.ratio¶30
The Court observed that the petitioner approached this Court without even giving breathing time to the respondent authorities to consider the representation.obiter¶29

Detailed headnote1 paragraphs

Mandamus sought prematurely — representation pending, disposed with direction to consider. Petitioner Mariyayee, whose representation dated 07.03.2026 seeking demolition of alleged unauthorised construction put up by L.Rajeswari (fifth respondent) in Survey No.531/17, 2nd Street, Annai Indra Nagar, Shanmuganathapuram Village, Andipatti Taluk, Theni District was still pending before the authorities, filed this Article 226 writ petition before the Madurai Bench of the Madras High Court without giving the authorities breathing time to respond. Without expressing any opinion on the merits, and noting the petitioner's failure to await the authorities' response, the Court (order by Chief Justice Sushrut Arvind Dharmadhikari, bench including N. Sathish Kumar, J.; 30.03.2026) disposed of the petition, directing the authority concerned to consider the representation and pass orders on merits in accordance with law, after affording due opportunity to the fifth respondent, as expeditiously as possible. No costs. Connected W.M.P.(MD) No.7043 of 2026 closed.

W.P.(MD) No.8727 of 2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 30.03.2026

CORAM:

THE HONOURABLE MR.SUSHRUT ARVIND DHARMADHIKARI, CHIEF JUSTICE and

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

W.P.(MD) No.8727 of 2026 and

W.M.P.(MD) No.7043 of 2026

Mariyayee

... Petitioner

-vs-

1.The District Collector Theni District, Theni

2.The Block Development Officer (BDO) Andipatti Panchayat Union Theni District

3.The President Thirumalapuram Panchayat Andipatti Taluk Theni District

4.The Secretary Thirumalapuram Panchayat Andipatti Taluk Theni District

5.L.Rajeswari ... Respondents

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PRAYER:

W.P.(MD) No.8727 of 2026

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the first respondent to take appropriate steps to demolish the unauthorized construction put up by the fifth respondent in Survey No.531/17, situated at 2^nd Street, Annai Indra Nagar, Shanmuganathapuram Village, Andipatti Taluk, Theni District, by considering the petitioner's representation dated 07.03.2026.

For Petitioner : Mr.S.Pandeeswaran For Respondents : Mr.A.K.Kannan Additional Government Pleader for R1 Mr.P.T.Thiraviam Government Advocate for R2

O R D E R

[Order of the Court was made by The Hon'ble CHIEF JUSTICE]

This writ petition has been filed seeking a writ of mandamus directing the first respondent to take appropriate steps to demolish the unauthorized construction put up by the fifth respondent in Survey No. 531/17, situated at 2^nd Street, Annai Indra Nagar, Shanmuganathapuram Village, Andipatti Taluk, Theni District, by considering the petitioner's representation dated 07.03.2026.

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W.P.(MD) No.8727 of 2026

It is seen that ventilating the above grievance, the petitioner submitted a representation to the authorities concerned only on 07.03.2026 and it is pending consideration. Without even giving breathing time to the respondent authorities to consider the said representation, the petitioner has approached this Court by filing the present writ petition.

In view of the fact that the representation dated 07.03.2026 said to have been submitted by the petitioner is pending before the authorities concerned, we dispose of the writ petition with a direction to the authority concerned to consider the said representation and pass orders on merits in accordance with law, after affording due opportunity to the fifth respondent herein, as expeditiously as possible. We make it clear that we have not expressed any opinion on the merits of the matter. No costs. Consequently, connected miscellaneous petition is closed.

[SUSHRUT ARVIND DHARMADHIKARI, C.J.] [N.SATHISH KUMAR, J.] 30.03.2026 NCC : Yes / No Index : Yes / No

krk

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W.P.(MD) No.8727 of 2026

To:

1.The District Collector, Theni District, Theni.

2.The Block Development Officer (BDO), Andipatti Panchayat Union, Theni District.

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W.P.(MD) No.8727 of 2026

THE HON'BLE CHIEF JUSTICE and N.SATHISH KUMAR, J.

krk

W.P.(MD) No.8727 of 2026 and W.M.P.(MD) No.7043 of 2026

30.03.2026

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