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2026 Supreme(Online)(Mad) 25545

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Sushrut Arvind Dharmadhikari, CJ, N.Sathish Kumar, J
Mariyayee – Appellant
Versus
The District Collector Theni District, Theni – Respondent
W.P.(MD) No.8727 of 2026|W.M.P.(MD) No.7043 of 2026



Advocates:
For the Appellants/Petitioners: Mr.S.Pandeeswaran
For the Respondents:Mr.A.K.Kannan Additional Government Pleader for R1, Mr.P.T.Thiraviam Government Advocate for R2

Writ petitions premature if representation pending; direct authorities to decide expeditiously without expressing merits opinion.

Headnote:Petition under Article 226 seeks mandamus to demolish unauthorized construction after representation dated 07.03.2026. Court notes representation is pending consideration without sufficient time for authorities to act.

Issues: Prematurity of writ due to pending representation. Ratio: Authorities must be given opportunity to decide representations before judicial intervention. Writ disposed directing consideration of representation on merits with opportunity to affected party, no opinion on merits expressed.

Table of Content
1. petition seeks demolition of unauthorized construction via mandamus. (Para 1)
2. representation recently submitted, still pending consideration. (Para 2)
3. direct authorities to decide representation expeditiously without merits opinion. (Para 3)

5.L.Rajeswari ... Respondents 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 2nd 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 2nd Street, Annai Indra Nagar, Shanmuganathapuram Village, Andipatti Taluk, Theni District, by considering the petitioner's representation dated 07.03.2026.

2. 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.

3. 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.

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