M.Padmini v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.07.2025
CORAM:
THE HON'BLE MRS. JUSTICE N.MALA M. Padmini ...
Petitioner
Versus
1.The Commissioner, Pollachi Municipality, Pollachi, Coimbatore District.
2.The Regional Transport Officer, Pollachi Coimbatore District.
...
Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India to issue Writ of Mandamus, directing the 1st respondent to remove the fencing made by the 2nd respondent in the 30 feet width road running eastwest which is situated on the northern side few sites away from the petitioner's house in Plot No.11 in Kumarasamy Gounder layout in Pollachi Town of Coimbatore District by considering the petitioner's representation dated 06.01.2025.
For Petitioner :
Mr.N.Ponraj For Respondents :
Mr.B.Anand Standing Counsel for R1 M/s.P.Aishwarya, Government Advocate for R2
ORDER
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The present Writ Petition is filed for issuance of a Writ of Mandamus to direct the 1st respondent to remove the fencing made by the 2nd respondent in the 30 feet width road running east-west which is situated on the northern side few sites away from the petitioner's house in Plot No.11 in Kumarasamy Gounder layout in Pollachi Town of Coimbatore District by considering the petitioner's representation dated 06.01.2025.
2. Mr.B.Anand, learned Standing Counsel, takes notice on behalf of the first respondent. M/s.P.Aishwarya, learned Government Advocate, takes notice on behalf of the second respondent.
3. By consent of the parties, this writ petition is taken up for final disposal at the admission stage itself.
4. It is the case of the petitioner that she had purchased the property. in Plot No.11 in Kumarasamy Gounder layout in Pollachi Town of Coimbatore District. The said layout obtained DTCP approval as DTCP No.592 of 1990. Pursuant thereto, the petitioner constructed a house and started to live in the aforesaid property from the year 2006. The jurisdiction of the said layout would fall under the purview of the 1st 2/5
respondent Municipality. When such being so, all of a sudden, the 2nd respondent on 24.10.2024 fenced the 30 feet width layout road running east-west, which is situated few sites away on the northern side from the petitioner's house, thereby the 2nd respondent annexed the underground drainage and water supply connection running with her land. In such circumstances, she made a representation to the 1st respondent on 06.01.2025, seeking for removal of the said fencing made by the 2nd respondent in the layout road and to restore it to its original position. However, the said representation was not considered by the 1st respondent and therefore, the petitioner has approached this Court by filing this writ petition with the aforesaid prayer.
5. The learned counsel for the petitioner would submit that, it would be suffice, if this Court issues a direction to the first respondent to consider the petitioner's representation dated 06.01.2025 and pass orders on the same within a particular time frame fixed by this Court.
6. Mr.B.Anand, learned Standing Counsel appearing for the first respondent would submit that the petitioner's representation dated 06.01.2025 would be considered and orders passed within the stipulated 3/5
time that may be fixed by this Court.
7. In view of the above submission made by the learned counsel on either side and without going to the merits of the representation, and taking note of the limited relief sought for in this Writ Petition, there shall be a direction to the first respondent to consider the petitioner's representation dated 06.01.2025, by conducting a detailed enquiry and after affording an opportunity of personal hearing to the petitioner and other aggrieved persons, if any, consider the documents submitted by the petitioner and pass appropriate orders on merits and in accordance with law, within a period of eight (8) weeks from the date of receipt of a copy of this order.
8. With the above observation & direction, this Writ Petition is disposed of. No costs.
11.07.2025 Index : Yes / No Internet : Yes / No jd/AP N.MALA, J.
jd/AP 4/5
To 1.The Commissioner, Pollachi Municipality, Pollachi, Coimbatore District.
2.The Regional Transport Officer, Pollachi Coimbatore District.
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