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Madras High CourtWP/9006/2026dismissed

B.Mathivanan v. The Commissioner Of Town And Country Planning

2026-03-11Honourable The Chief Justice,Honourable Mr.Justice G.Arul Murugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.03.2026 CORAM :

THE HONOURABLE MR. SUSHRUT ARVIND DHARMADHIKARI, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN B.Mathivanan S/o. T.M.Balasubramaniam 16, Bankers Colony Rajakavundanpalayam Suriyampalayam Post Thiruchengodu-637 209.

Petitioner(s) Vs

1. The Commissioner of Town & Country Planning O/o. The Commissioner of Town & Country Planning 2nd, 3rd and 4th Floor, C & E Market Road Koyambedu, Chennai-600 107.

2. The District Collector Namakkal District Namakkal.

3. The Deputy Commissioner of Town Planning O/o. The Deputy Commissioner of Town Planning Salem-6436005.

4. The Municipal Commissioner Thiruchengodu

5. T.R.A. Rajagopal L 144 B, 4th Main Road Kootappalli Colony Thiruchengodu-637214.

6. T.R.A.Sankaranarayanan D.No.241, Annamar Nagar Modakkurichi Post Pin 638104, Erode Taluk.

7. T.R.A. Veeramani D.No.2840, AKE Street, No.3 Gandhinagar, Thiruchengodu Town Namakkal.

Respondent(s) Prayer : Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the 4th respondent to demolish the illegal and unauthorized construction put up in the land measuring 221 sq.ft., comprised in Natham S.No.96/1C and whose field No. is 73, and T.S.L.R. No. is 6074 situated in New Ward No.D, block No.8, SSD Main Road, Old No.60 and new No.144 in Thiruchengodu Village and For Petitioner(s):

Mr.SP.Chockalingam For Respondent(s):

Mr.E.Vijay Anand Addl. Govt. Pleader for R1 to R3 Mr.M.Rajamathivanan Standing Counsel for R4

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) The present writ petition is filed under Article 226 of the Constitution of India, by way of public interest litigation, seeking a direction to the 4th respondent to demolish the illegal and unauthorized construction put up in the land measuring 221 sq.ft., comprised in Natham S.No.96/1C and whose field No. is 73, and T.S.L.R. No. is 6074 situated in New Ward No.D, Block No.8, SSD Main Road, Old No.60 and New No.144 in Thiruchengodu Village and

2. Learned counsel for fourth respondent, on instructions, submitted that in 2019 itself, action was taken by locking and sealing the premises. Thereafter, being aggrieved, private respondents had filed an appeal under Section 80A of the Tamil Nadu Town and Country Planning Act, 1971, wherein, order was passed to de-seal the premises and to rectify the defects. However, on 14.07.2025, the premises has been re-sealed since no rectification was done.

3. We are of the opinion that the present writ petition is absolutely misconceived. Therefore, the same cannot be entertained. Accordingly, it is dismissed. There shall be no order as to costs.

(SUSHRUT ARVIND DHARMADHIKARI,CJ) (G.ARUL MURUGAN,J) 11.03.2026 Index :

Yes/No Yes/No kpl To

1. The Commissioner of Town & Country Planning O/o. The Commissioner of Town & Country Planning 2nd, 3rd and 4th Floor, C & E Market Road Koyambedu, Chennai-600 107.

2. The District Collector Namakkal District, Namakkal.

3. The Deputy Commissioner of Town Planning O/o. The Deputy Commissioner of Town Planning Salem-6436005.

4. The Municipal Commissioner Thiruchengodu, Namakkal District.

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

(kpl) 11.03.2026