Madras High Court
Administrative and Public LawConstitutional Law

Mandamus for demolition is unwarranted when authorities find no ongoing unauthorized construction.

A.S.N.Murthy vs The District collector

Madras High CourtJUDGMENT: October 12, 20261 MIN READSOURCE JUDGMENT
Mandamus for demolition is unwarranted when authorities find no ongoing unauthorized construction.. A.S.N.Murthy vs The District collector. Madras High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioner sought a writ of mandamus directing the official respondents to demolish alleged unauthorised construction by respondents 8 and 9 at specified sites in Yanam, relying on proceedings of the Yanam Planning Authority.

Source reference: p. 2

The State submitted that no unauthorised construction by respondent 8 had been found.

Source reference: pp. 3–5

As to respondent 9, the Planning Authority stated that she had filled and levelled the site without permission, and that a stop-work notice was issued on 11 February 2026; no further unauthorised work was observed.

Source reference: pp. 3–5

The authorities had also informed the petitioner of their findings on 17 February 2026.

Source reference: pp. 4–5
02

Issues

Whether the petitioner was entitled to a mandamus directing the official respondents to demolish alleged unauthorised construction by respondents 8 and 9.

Source reference: pp. 2–3

Whether further relief was warranted where the authorities reported no unauthorised construction by respondent 8 and no further work by respondent 9 after the stop-work notice.

Source reference: pp. 4–6
03

Law Applied

The judgment does not identify or apply a specific statutory provision, precedent, or substantive planning-law test.

Source reference: pp. 2–6

The petition was considered as a request for mandamus under Article 226, and the Court assessed the relief sought against the authorities’ account of their inspection and enforcement action.

Source reference: pp. 2–6
04

Reasoning

The Court noted that the authorities had acted on the petitioner’s representation: they found no unauthorised construction by respondent 8 and, after issuing respondent 9 a notice directing her to stop work, observed no further unauthorised activity.

Source reference: p. 6

In light of those reported facts, the Court did not direct demolition.

Source reference: p. 6

It left the petitioner free to notify the authorities if further unauthorised construction occurred.

Source reference: p. 6
05

Holding

The Court closed the writ petition, leaving it open to the petitioner to bring any further unauthorised construction to the authorities’ attention.

It made no order as to costs and closed the connected interim application.

Source reference: p. 6
Madras High Court

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A.S.N.MurthyvsThe District collector

Madras High Court · October 12, 2026

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