Thangaselvi v. The District Collector

ORDER This Writ Petition has been filed seeking the issuance of a Writ of Mandamus directing the second respondent not to interfere with the petitioner's peaceful possession and enjoyment of her property, including the building constructed in Survey No.431/1A1A, Naranammalpuram Village, Tirunelveli Taluk, Tirunelveli District, under the guise of exercising powers under the provisions of the Tamil Nadu Town and Country Planning Act, 1971, and consequently to consider the petitioner's representation dated

17.07.2026 submitted to the first respondent, within a time frame to be fixed by this Court.

2.By consent of the learned counsel appearing on either side, the Writ Petition is taken up for final disposal at the stage of admission itself.

3.The learned counsel appearing for the petitioner submitted that the petitioner is the owner and is in peaceful possession and enjoyment of the property, including the building constructed in Survey No.431/1A1A, Naranammalpuram Village, Tirunelveli Taluk, Tirunelveli District. It is submitted that the second respondent is attempting to interfere with the petitioner's possession and enjoyment of the said property under the guise of exercising powers under the provisions of the Tamil Nadu Town and Country Planning Act, 1971. In this regard, the petitioner has submitted a representation dated 17.07.2026 to the first respondent requesting appropriate action. Since no orders have been passed on the said representation till date, the petitioner has approached this Court by filing the present Writ Petition.

4.The learned counsel for the petitioner further submitted that the petitioner would be satisfied if this Court issues a direction to the first respondent to consider the petitioner's representation dated 17.07.2026 and pass appropriate orders thereon within a time frame to be fixed by this Court.

5.Considering the facts and circumstances of the case, and without expressing any opinion on the merits of the petitioner's claim, this Writ Petition is disposed of with a direction to the first respondent to consider the petitioner's representation dated 17.07.2026, after affording an adequate opportunity of hearing to the petitioner and to any other interested or affected parties, if any, and thereafter pass appropriate orders on merits and in accordance with law. Such exercise shall be completed as expeditiously as possible, preferably within a period of six (6) weeks from the date of receipt of a copy of this order. There shall be no order as to costs.

28.07.2026 NCC : Yes / No Index : Yes / No ps To

1.The District Collector, Tirunelveli District.

2.The Joint Director, Town and Country Planning Department, Tirunelveli District.

3.The Tahsildar, Tirunelveli Taluk, Tirunelveli District.

4.The Executive Officer, Special Grade Town Panchayat, Sankar Nagar, Tirunelveli District.

M.DHANDAPANI, J. ps

28.07.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.07.2026 CORAM THE HONOURABLE MR.JUSTICE M.DHANDAPANI Thangaselvi ... Petitioner Vs 1.The District Collector, Tirunelveli District. 2.The Joint Director, Town and Country Planning Department, Tirunelveli District. 3.The Tahsildar, Tirunelveli Taluk, Tirunelveli District. 4.The Executive Officer, Special Grade Town Panchayat, Sankar Nagar, Tirunelveli District. ... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus directing the second respondent not to interfere into her right of property inclusive of the building constructed in Survey No. 431/1A1A, Naranammalpuram Village, Tirunelveli Taluk, Tirunelveli District under garb of exercising her powers by invoking the provisions of Tamil Nadu Town and Country Planning Act, 1971, in light of the petitioner's representation submitted to the first respondent dated 17.07.2026 as expeditiously as possible. For Petitioner : Mr.R.Anand For Respondents : Mrs.K.R.Shiva Shankari Counsel for Government of Tamil Nadu