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2026 Supreme(Online)(Mad) 49353

IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.Sathish Kumar, M.Jothiraman, JJ
Kr. Ravindhiran – Appellant
Versus
State Of Tamil Nadu – Respondent
W.P(MD)No.15901 of 2026



Advocates:
For the Appellants/Petitioners: A.Saravanan
For the Respondents: M.S.Parthiban, K.R.Bharathy Kannan

When a neighborly dispute involves allegations of unauthorized construction or building plan deviation, the court may direct relevant statutory authorities to conduct a site inspection and take appropriate action in accordance with law after verifying the extent of any violations.

Headnote:The present writ petition was filed under Article 226 of the Constitution of India seeking a mandamus to remove unauthorized construction allegedly carried out by the private respondent that extends into the petitioner's neighboring property. The factual dispute involves a neighborly disagreement regarding building plan deviations, following a previous civil suit between the parties. The Court determined that the most appropriate resolution involves an official inspection by authorities to verify the allegations of building code violations. The main issue is whether the court should compel administrative authorities to investigate complaints of unauthorized construction between private parties. The court reasoned that when a dispute involves alleged deviations from sanctioned plans between neighbors, the regulatory authorities must inspect the premises to determine if building norms have been violated and take action accordingly. The writ petition is disposed of with directions to the official respondents to inspect the respective properties and take action in accordance with law regarding any identified violations.

Table of Content
1. court intervention via mandamus for alleged unauthorized construction. (Para 1 , 2)
2. direction to state authorities to inspect property and rectify building violations. (Para 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 2 to 6 to remove the unauthorized construction made by the 7th respondent in respect of the property situated in T.S.No.86, J-Block-18, Devakottai Town, Sivagangai District, which extended to the petitioner's adjacent property by considering the petitioner's representation dated 29.05.2026, and to take appropriate action in accordance with law after affording opportunity to all concerned parties, within a stipulated time fixed by this Court.

ORDER

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

The prayer in this writ petition is to issue a Writ of Mandamus, directing the respondents 2 to 6 to remove the unauthorised construction made by the 7th respondent in respect of the property situated in T.S.No.86, J-Block-18, Devakottai Town, Sivagangai District, which extended to the petitioner's adjacent property by considering the petitioner's representation dated 29.05.2026, and to take appropriate action in accordance with law after affording opportunity to all concerned parties, within a stipulated time to be fixed by this Court.

2. The petitioner has alleged that the private respondent unauthorisedly constructed the house without planning permission and further there is a deviation. In this regard, he has already filed a suit which has been dismissed. On perusal of the averments made in the supporting affidavit filed in this writ petition, we are of the view that it is only a dispute between neighbours. Therefore, if the authorities are directed to inspect the properties of the petitioner as well as the 7th respondent to find out the deviation or violation of the building plan, the entire issue will be given a quietus.

3. Accordingly, the official respondents are directed to inspect the properties of the petitioner as well as the 7th respondent and find out whether any of the party of both have committed deviation or violation of the building plan. If so, the authorities shall take action against such violation/deviation as per law.

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

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