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2026 Supreme(Online)(Mad) 48538

IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. Sathish Kumar, M. Jothiraman, JJ
Sree Sooravali Subbaier Charities – Appellant
Versus
Commissioner, Corporation of Madurai – Respondent
W.P(MD)No.15014 of 2026



Advocates:
For the Appellants/Petitioners: B. Ramkumar
For the Respondents: S. Devasena, C. Jeganathan

A Writ of Mandamus can be issued to direct statutory authorities to perform their duty by inspecting and taking appropriate legal action against alleged unauthorized constructions after providing a fair hearing to the concerned parties.

Headnote:The case involves a petition under Article 226 of the Constitution of India seeking a writ of mandamus to compel local authorities to act against alleged unauthorized constructions on trust property. The petitioner argues that encroachments exist on specific survey numbers and requests the local planning and municipal authorities to exercise their powers of sealing and demolition. The central issue is whether the court should compel the statutory authorities to perform their duty to investigate and remove unauthorized constructions. The court observed that the authority concerned is mandated to verify the site, provide an opportunity for hearing to the affected parties, and initiate removal if illegal construction is confirmed, aligning with standard administrative procedures.

Result: The writ petition is disposed of with a direction to the authorities to inspect the site and complete the necessary processes within three months.

Table of Content
1. petition for mandamus against illegal construction. (Para 1)
2. court directs authorities to inspect and resolve representation. (Para 2 , 3 , 4)

PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 and 2 to take appropriate action against the unauthorised and illegal constructions put up by the respondents 3 to 9 herein in the petitioner trust's property situated at Tallakulam Village, Madurai District, comprised in Survey Nos.117/1A1, 134/7, 115/6, 173/1B, 174/1B1C and 134/1A Part covered under Patta No.274, in accordance with law, including locking, sealing, demolition and removal of the unauthorised constructions and encroachments, within a time frame as may be fixed by this Court by considering the petitioner's representation dated 12.05.2026.

ORDER

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

1. The prayer in this writ petition is to issue a Writ of Mandamus, directing the respondents 1 and 2 to take appropriate action against the unauthorised and illegal constructions put up by the respondents 3 to 9 herein in the petitioner's Trust's property situated at Tallakulam Village, Madurai District, comprised in Survey Nos.117/1A1, 134/7, 115/6, 173/1B, 174/1B1C and 134/1A Part covered under Patta No.274, in accordance with law, including locking, sealing, demolition and removal of the unauthorised constructions and encroachments, within a time frame as may be fixed by this Court, by considering the petitioner's representation dated 12.05.2026.

2. Learned Standing Counsel appearing for the 1st respondent Corporation would submit that the 1st respondent will consider the representation of the petitioner, inspect the site in question and if there is any unauthorised construction therein, after hearing both sides, appropriate action will be taken for removal of the same.

3. In such a view of the matter, let the 1st respondent make an inspection of the place in question, hear both sides and if any unauthorised construction is found, the 1st respondent shall take steps to remove the same after giving opportunity to both sides. Such an exercise shall be completed within a period of three months from the date of receipt of a copy of this order.

4. With the above direction, the Writ Petition is disposed of. No costs.

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