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Vijaya v. The District Collector

DISPOSED OF
Court
High Court of Madras
Decided
10 April 2026
Bench
N. Sathish Kumar, M.Jothiraman
Case no.
WP(MD) 10293/2026

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Judgment

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.04.2026 CORAM: THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR and THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN and W.M.P(MD)Nos.8094, 8095, 8096, 8099 & 8100 of 2026

1.W.P(MD)No.10293 of 2026:

1.Vijaya

2.S.Sundararaj

... Petitioners vs.

1.The District Collector,

2.The Revenue Divisional Officer, Kovilpatti.

3.The Tahsildar,

4.The Block Development Officer, Pudur Panchayat Union,

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari, calling for the records relating to the impugned notice issued by the fourth respondent in Thi1/73/2025 dated

14.03.2026 and quash the same as illegal and consequently restrain the respondents from interfering with the petitioners' peaceful possession and enjoyment of the property in Survey Nos.347/14 and 347/22. For Petitioners : Ms.S.Mamtha For Respondents : Mr.J.Ashok (R1 to R3) Additional Government Pleader : Mr.S.P.Maharajan (R4) Special Government Pleader

2.W.P(MD)No.10299 of 2026: B.Gurupriya

... Petitioner vs.

1.The District Collector,

2.The Revenue Divisional Officer, Kovilpatti, Thoothukudi District.

3.The Tahsildar,

4.The Block Development Officer, Pudur Panchayat Union,

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari, calling for the records relating to the impugned notice issued by the fourth respondent in Na.Ka.No.Thi1/73/2025 dated 18.03.2026 in respect of Survey No.347/22. For Petitioner : Ms.S.Mamtha For Respondents : Mr.J.Ashok (R1 to R3) Additional Government Pleader : Mr.S.P.Maharajan (R4) Special Government Pleader COMMON ORDER (Order of the Court was made by N.SATHISH KUMAR, J.) W.M.P(MD)No.8094 of 2026 filed seeking permission to file a single Writ Petition is ordered.

2.Challenging the impugned notices issued by the fourth respondent under Section 56(1) of the Tamil Nadu Town and Country Planning Act, 1971, dated 14.03.2026 and 18.03.2026 respectively, in respect of the alleged unauthorised construction of a compound wall and buildings, the petitioners have filed the present Writ Petitions.

3.It is the contention of the learned counsel appearing for the petitioners that though the petitioners had already submitted an application for revised plan approval, the same has not been considered by the authorities concerned, and instead, the impugned notices have been issued.

4.The learned Special Government Pleader appearing for the fourth respondent submitted that no such application for revised plan approval has been submitted by the petitioners.

5.Be that as it may, the very challenge is with regard to the alleged unauthorised construction. If there is any deviation from the approved plan, the persons concerned are entitled to submit an application for revised plan for regularisation.

6.In view of the above, the petitioners are directed to submit an application for revised plan before the fourth respondent within a period of one week from the date of receipt of a copy of this order. On receipt of such application, the fourth respondent is directed to consider the same on its own merits and in accordance with law and pass appropriate orders, and thereafter proceed in accordance with law. Till such application is disposed of, no coercive action shall be taken based on the impugned notices.

7.With the above directions, these Writ Petitions stand disposed of. There shall be no order as to costs. Consequently, connected W.M.P(MD) Nos.8095, 8096, 8099 and 8100 of 2026 are closed. [N.S.K.,J.] [M.J.R.,J.]

10.04.2026 NCC : Yes / No Index : Yes / No Internet : Yes ps To

1.The District Collector,

2.The Revenue Divisional Officer, Kovilpatti.

3.The Tahsildar,

4.The Block Development Officer, Pudur Panchayat Union,

W.P(MD)Nos.10293e&e10299eofe2026 oN.SATHISHoKUMARoo,oJo. and oM.JOTHIRAMANoo,oJo. ps W.P(MD)Nos.10293o&o10299oofo2026 DATEDo:o10.04.2026

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