N.Savarimalai vs District Collector - 2026 Supreme(Online)(Mad) 38945

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2026 Supreme(Online)(Mad) 38945

IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.Sathish Kumar, M.Jothiraman, JJ
N.Savarimalai – Appellant
Versus
District Collector – Respondent
W.P.(MD)No.2035 of 2026|W.M.P.(MD)Nos.1600 and 1601 of 2026

Important Points

Mandamus directs expeditious enforcement against unauthorized construction under planning laws, allowing regularization consideration.

Subject

Civil - Writ Petition

Act Referred

Constitution of India: Art.226
Tamil Nadu Urban Local Bodies Act
Town and Country Planning Act

Headnote

The petitioner invoked Article 226 seeking mandamus to enforce Tamil Nadu Urban Local Bodies Act and Town and Country Planning Act against unauthorized construction encroaching on setback space, obstructing light and air access. Essential facts include petitioner's representation dated 19.12.2025 highlighting violations by fourth respondent. Court noted authorities had considered representation and issued stop work notice. Issue framed as directing demolition post representation consideration. Ratio: Authorities must complete proceedings expeditiously per law; regularization applications to be assessed on merits without prejudice. Writ petition disposed with directions to expedite action; no costs ordered.

Advocates:
For Petitioner: Mr.M.P.Senthil
For Respondents: Ms.S.Devasena (R2), Mr.D.Sasikumar (R1 & R3), Additional Government Pleader

Table of Content
1. unauthorized construction violates setbacks, obstructs access. (Para 1 , 2)
2. authorities issued stop notice post-representation. (Para 3)
3. expedite proceedings; consider regularization on merits. (Para 4)

(Order of the Court was made by N.SATHISH KUMAR, J.)

This writ petition has been filed to direct the respondents 1 to 3 to demolish/remove the unauthorized construction put up by the 4th respondent in the subject property in accordance with the Tamil Nadu Urban Local Bodies Act and Rules, by considering the petitioner`s representation dated 19.12.2025.

2.The case of the petitioner is that the fourth respondent has put up unauthorized construction over the compound wall of the petitioner and without leaving the required setback space, in violation of the provisions of the Town and Country Planning Act, thereby obstructing the petitioner’s access to light and air.

3.The learned Additional Government Pleader appearing for the respondents 1 and 3, on instructions, submitted that the representation of the petitioner has been considered and action has been initiated as against the fourth respondent. He would further submit that a stop work notice has already been issued to the fourth respondent.

4.In view of the above, since necessary action has already been initiated as against the fourth respondent, we direct the official respondents to complete the said proceedings in accordance with law as expeditiously as possible. It is also made clear that if any application is filed by the fourth respondent seeking regularization of the unauthorized building, the same shall also be considered on its own merits and in accordance with law.

5.With the above directions, this writ petition is disposed of.