2026 Supreme(Online)(Mad) 86077
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
M. Dhandapani, N. Dilip Kumar, JJ
K. Nowshath Ali Khan – Appellant
Versus
Administrative Director of Panchayat – Respondent
W.P(MD)No.1912 of 2023
For the Appellants/Petitioners: P. Kalaiyarasi Bharathi
For the Respondents: G. Mohan Kumar, E.P. Venkateshwar
The court directed the official respondents to consider the proceedings regarding unauthorized construction and pass appropriate orders on merits after providing a fair hearing to all necessary parties.
Headnote:(A) Writ of Mandamus - Unauthorized Construction - Direction to official respondents to consider existing proceedings and pass orders on merits after providing an opportunity of hearing to all necessary parties. (Para 5)
Issues: Whether the official respondents should be directed to act upon the notice issued regarding the removal of unauthorized construction.
PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents 1 to 4 herein to initiate appropriate action in respect of removal of unauthorized construction carried out by 5th and 6th respondents in Survey Ward no. 4, Block no. 10, Door No. 347 Sekkalai Road, Karaikudi, Sivagangai District in the light of the proceedings initiated by the 3rd respondent vide his proceedings in A.Pe.Ka.no. 11/2022/F1 dated 21.07.2022.
O R D E R
(Order of the Court was made by M.DHANDAPANI, J.)
This Writ Petition has been filed for issuance of a Writ of Mandamus directing the respondents 1 to 4 herein to initiate appropriate action in respect of removal of unauthorized construction carried out by respondents 5 and 6 in Survey Ward No. 4, Block No. 10, Door No. 347 Sekkalai Road, Karaikudi, Sivagangai District in the light of the proceedings initiated by the third respondent vide his proceedings in A.Pe.Ka.no. 11/2022/F1 dated 21.07.2022.
2. Heard the learned counsel for the parties.
3. Alleging that the fifth respondent had illegally constructed a hospital building over a drainage channel, encroaching to an extent of 8 feet towards the backyard portion and had thereafter illegally altered the structure of the hospital, the petitioner submitted a representation to the official respondents. Pursuant thereto, it is stated that the third respondent issued a notice dated 21.07.2022. However, the same has not been acted upon. Hence, the present Writ Petition.
4. The learned Additional Government Pleader appearing for the official respondents, on instructions, would submit that the authority concerned will consider the petitioner's grievance and pass appropriate orders on merits and in accordance with law.
5. Considering the above facts and circumstances of the case and without expressing any opinion on the merits of the matter, this Writ Petition is disposed of with a direction to respondents 1 to 4 to consider the proceedings dated 21.07.2022 and pass appropriate orders on merits and in accordance with law, after issuing notice to all necessary parties, including respondents 5 and 6, and affording them an opportunity of hearing. The entire exercise shall be completed as expeditiously as possible, preferably within a period of six weeks from the date of receipt of a copy of this order. No costs.