Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(Mad) 47390

IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.R.Swaminathan, R.Poornima, JJ
Fasanunisha Begam – Appellant
Versus
District Collector – Respondent
W.P.(MD)No.9699 of 2022|W.M.P.(MD)No.6959 of 2022

Advocates:
For the Appellants/Petitioners: S.M.A.Jinnah
For the Respondents: M.P.Senthil, A.Kannan

State authorities must adhere to the principles of natural justice and due process of law, including the issuance of appropriate notice, before taking action to demolish structures alleged to be encroachments.

Headnote:The petitioner filed a petition under Article 226 of the Constitution of India seeking a Writ of Mandamus to restrain the municipal authorities from demolishing steps constructed in front of the house without following the due process of law. The petitioner sought an opportunity to be heard regarding a representation made. The core issue was whether the municipal authorities are bound to follow procedural fairness before initiating demolition of alleged encroachments. The Court determined that no authority can proceed with the demolition of property without adhering to established legal principles of notice and audi alteram partem. The writ petition was disposed of with a direction to the municipal authorities to adopt the due process of law while taking any action against the petitioner.

Table of Content
1. requirement of due process before demolition of property. (Para 1 , 2 , 3)

O R D E R

(Order of the Court was delivered by G.R.SWAMINATHAN, J.)

Heard both sides.

2. The petitioner appears to have put up steps in front of her house. It is probably an encroachment on the road and that made the third respondent herein to lodge a complaint. The petitioner apprehends that without issuing notice, the municipal officials will arbitrarily demolish the same. The prayer in the writ petition is only for directing the authorities to follow due process of law.

3. No exception can be made to the said request. We direct the Commissioner, Keezakarai Municipality to adopt due process of law while taking action against the petitioner. This writ petition stands disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.

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2026 Supreme(Online)(Mad) 47390

IN THE HIGH COURT OF JUDICATURE AT MADRASG.R.Swaminathan, R.Poornima, JJFasanunisha Begam – AppellantVersusDistrict Collector – RespondentW.P.(MD)No.9699 of 2022|W.M.P.(MD)No.6959 of 2022

State authorities must adhere to the principles of natural justice and due process of law, including the issuance of appropriate notice, before taking action to demolish structures alleged to be encroachments.

IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.R.Swaminathan, R.Poornima, JJ
Fasanunisha Begam – Appellant
Versus
District Collector – Respondent
W.P.(MD)No.9699 of 2022|W.M.P.(MD)No.6959 of 2022