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2025 Supreme(Online)(Mad) 67376

IN THE HIGH COURT OF JUDICATURE AT MADRAS
ANITA SUMANTH, C.KUMARAPPAN, JJ
Sakthivel – Appellant
Versus
The Director – Respondent
WP(MD) No. 29525 of 2025



Advocates:
For the Appellants/Petitioners: Mr.V.Karuppaiah
For the Respondents: Mr.M.Sarangan, Additional Government Pleader

Court mandates action against unauthorized construction per statutory provisions and natural justice principles.

Headnote:The court considered the provisions under Section 47-A of the Tamil Nadu Town and Country Planning Act regarding unauthorized construction. The petitioner prayed for a writ of mandamus to remove encroachments, claiming violation of legal provisions. The court found the respondents must take action adhering to natural justice principles. The respondents are granted 12 weeks to complete proceedings relating to the encroachment. The petition is closed with no costs.

Table of Content
1. reiteration of ongoing encroachment proceedings (Para 1)
2. court mandates action in compliance with nature justice (Para 2)

(Order of the Court was made by DR.ANITA SUMANTH, J.)

Mr.M.Sarangan, learned Additional Government Pleader, reiterates, what we have recorded under order dated 17.10.2025, that R5 is found to be an encroacher, notice has been issued to him and proceedings are ongoing.

2.In light of the same, the prayer for mandamus directing the respondents to take action in respect of the unauthorized construction at old survey No.214/2 in new survey No.214/31 in Melatheru, A.Thekkur, Sivagangai District, stands achieved by directing R4, Block Development Officer, to continue with necessary action in accordance with law as against the alleged encroachment caused by R5. It is made clear that the proceedings must align with the principles of natural justice as well. Both the respondent counsel seek twelve (12) weeks time to conclude the proceedings, which is granted.

3.With this, this writ petition is closed. No costs.

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