M.Vijayalakshmi v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.02.2026 CORAM :

THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN and W.M.P.No.2773 of 2026 M.Vijayalakshmi W/o R.Babu, No.3, Thukkaram 1st Street, T.Nagar, Chennai 600 017 Petitioner Vs 1.The Commissioner St. Thomas Mount Panchayat Union, Office of the St, Thomas Mount Panchayat Union, Chittalappam, Chengalpattu District 2.The Presidient Kovilampakkam Panchayat, Kovilampakkam, Chengalpattu District 3.R. Saranya No.41, Anna Nagar, 5th Cross Street, Velacherry, Chennai 600 042 Respondents

PRAYER : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the 1st respondent herein to take immediate and appropriate action against the 3rd respondent for the unauthorised and illegal construction put up at Plot No.34 (Eastern Part), Raja Nagar, Sunnambu Kolathur Village, Chengalpattu District, comprised in New Survey No.363/4B2, without any sanctioned building plan and in violation of the mandatory setback norms prescribed under the Tamil Nadu Combined Development and Building Rules, 2019 on the basis of petitioner's representation dated 02.01.2026, within a time frame to be fixed by this Hon'ble Court, and consequently demolish the unauthorised construction. For Petitioner:

Mr. P.Gunaraj For Respondents:

Mr. M.Habeeb Rahman Government Advocate for R1 and R2

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Heard learned counsel for the parties.

2. The allegation levelled in this petition that, while making construction, the private respondent has encroached upon petitioner's own land, is purely of private nature and cannot be gone into under writ jurisdiction.

3. With liberty to take remedy to file a suit, the writ petition is dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

(MANINDRA MOHAN SHRIVASTAVA, CJ) (G.ARUL MURUGAN,J) 02.02.2026 Index :

Yes/No :

Yes/No bbr To:

1.The Commissioner St. Thomas Mount Panchayat Union, Office of the St, Thomas Mount Panchayat Union, Chittalappam, Chengalpattu District 2.The Presidient Kovilampakkam Panchayat, Kovilampakkam, Chengalpattu District

THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN,J.

bbr 02.02.2026