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Madras High CourtWP/3538/2021closed

K.Saminathan v. The Joint Director

2026-03-09Honourable Dr Justice G. Jayachandran,Honourable Mr.Justice R.Sakthivel6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-03-2026

CORAM

THE HON'BLE Dr.JUSTICE G. JAYACHANDRAN AND THE HON'BLE MR.JUSTICE R.SAKTHIVEL and W.M.P.No.33646 of 2023 --- K.Saminathan S/o.Kannappan, No.53A/53B, Gandhi Nagar, Udayampalayam, Coimbatore- 641 028 ..Petitioner(s) Vs.

1. The Joint Director Town and country Planning Department, Coimbatore District, Nanjappa Road, Corporation Commercial Complex, Sivananda Colony, Coimbatore- 641012

2. The Deputy Commissioner East Zone, Coimbatore Corporation, coimbatore

3. The Member secretary Coimbatore Local Planning Authority, Corporation Commercial Complex, Sivananda Colony, Coimbatore

4. The Tahsildar, Office of the Coimbatore South, Coimbatore 641 018.

5. D.Ramachandran

6. IG3 Infra Limited formerly known as (ETL Infrastructure Services Ltd., ) Chennai One-IT Special Economic Zone, Pallavaram-Thoraipakkam 200 feet Road, Okkiyam Thoraipakkam, Chennai-600 097.

(sixth respondent impleaded - vide order of Court, dated 09.03.2026 passed in W.M.P.No.33646 of 2023 in W.P.No.3538 of 2021) ..Respondent(s) Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the respondents to take action on the representation of the petitioner dated 08.09.2020 to demolish the unauthorized dilapidated and abandoned commercial complex building in Survey Nos.537, 538, 539, 543, 544 in Sowripalayam Village, East Zone, Coimbatore Corporation within the time that may be stipulated by this Court.

For Petitioner(s):

M/s.M.Purushothaman N.Andal Sri Shankari For Respondent(s):

Mr.V. Ravi Spl. G.P. for R1 and R4 D.R.Arunkumar, Standing Counsel for R2 Mr.Sivakumar for R-3 Mr.R.Palaniandavan for R-5 Mr.Aravind Pandiyan for Mr.Meiyappan for R-6

ORDER

The earlier order dated 09.02.2026 imposing costs of Rs.10,000/- per counter, to the High Court Legal Services Committee, has been paid by the petitioner and to that effect, a Memo, dated 09.02.2026 is filed and the same is hereby recorded.

2. This Writ Petition is filed praying for issuance of a Writ of Mandamus to direct the respondents to take action on the representation of the petitioner, dated 08.09.2000 to demolish the unauthorised dilapidated and abandoned commercial complex building in Survey Nos.537, 538, 539, 543, 544 in Sowripalayam Village, East Zone, Coimbatore Corporation, within the time that may be stipulated by this Court.

3. The building in question is in dilapidated condition as detailed by the petitioner in his representation, dated 08.09.2020 and the same has to be demolished, since it has become a shelter for anti-social elements,

causing nuisance to the nearby residents.

4. When this Writ Petition is taken up for consideration, it is represented by the learned counsel for the petitioner that, after filing of the present Writ Petition, the dispute between the owner of the property in question and the builder is partially settled and as a consequence, the builder has provided security personnel to protect the property from being interfered with by the anti-social elements.

5. It is to be noted that the builder had provided enough security personnel to protect the building in question and there is no disturbance to the near-by residents.

6. Taking into consideration the submissions made by the respective counsels, we find that no further orders are required to be passed in this Writ Petition.

7. With the above observations, the Writ Petition is disposed of. There shall be no order as to costs.

(G.J.,J.) (R.S.V.,J.) 09-03-2026 cs (1/2)

To

1. The Joint Director Town and country Planning Department, Coimbatore District, Nanjappa Road, Corporation Commercial Complex, Sivananda Colony, Coimbatore- 641012

2. The Deputy Commissioner East Zone, Coimbatore Corporation, coimbatore

3. The Member secretary Coimbatore Local Planning Authority, Corporation Commercial Complex, Sivananda Colony, Coimbatore

4. The Tahsildar, Office of the Coimbatore South, Coimbatore 641 018.

Dr.G.JAYACHANDRAN, J.

AND R.SAKTHIVEL, J.

cs 09-03-2026