S.M.Govindasamy v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.04.2026 CORAM :

THE HONOURABLE MR. SUSHRUT ARVIND DHARMADHIKARI, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN S.M.Govindasamy Secretary, People Health and Development Council, No.22, East Sottaiyampalayam, R.N. Pudur Post, Erode -638 005 Petitioner Vs 1.The District Collector Erode District, As the Chairman, District Planning and Development Authority, Erode District.

2.The Commissioner of Erode Corporation, Corporation Office, Bruff Road, Erode -638 011 3.The District Revenue Officer, District Collectorate Buildings, Perundurai Road, Erode -638 011

4.The Assistant Director, District Town and Country Planning Sambath Nagar, Uzhavar Sandhai Backside Gate, Erode -638 001 5.The Executive Engineer TANGEDCO, Erode Distribution Circle, Erode 6.The Proprietor Guha Priya BPCL Pump Station, Kumilamparappur Village, Chithode Post, Erode-638 102 7.The Proprietor, Supreme Agencies, Kumilamparappu Village, Chithode Post, Erode -638 102 Respondents PRAYER : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents 1 to 5 to strictly implement the Division Bench Judgment of this Hon'ble Court in M/s.S.G.V.Granites vs. V.A.Arunachalam with respect to the lands in Survey No.109, Kumilamparappu Village, Chithode, Erode District and consequently directing the official respondents to initiate immediate action under Sections 56 and 57 of the Tamil Nadu Town and Country Planning Act, 1971 against all unauthorized commercial developments, including the respondents 6 and 7 herein functioning in the primary residential zone within a time frame to be fixed by this Hon'ble Court.

For Petitioner:

Mr.P.Kumaravel For Respondents:

Mr.K.Karthik Jagannath Government Advocate for R1, R3 and R4

Mr.M.Rajamathivanan Standing Counsel for R2

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Heard on admission.

2. The present writ petition filed under Article 226 of the Constitution of India seeks a direction to respondents 1 to 5 to strictly implement a Division Bench judgment in the case of G.V.Granites v. V.A.Arunachalam [W.A.Nos.1716 and 1717 of 2014, dated 18.3.2015] with respect to the lands in Survey No.109, Kumilamparappu Village, Chithode, Erode District and consequently direct the official respondents to initiate immediate action under Sections 56 and 57 of the Tamil Nadu Town and Country Planning Act, 1971 against all unauthorised commercial developments, including respondents 6 and 7, functioning in the primary residential zone.

3. During the course of hearing, learned counsel for the petitioner confines his prayer only to direct the competent authority to decide the representation of the petitioner, which is pending since

29.01.2025.

4. Learned State counsel submitted that the competent authority would decide the representation of the petitioner on merits and in accordance with law as expeditiously as possible.

5. In view of the aforesaid statement made by learned State counsel, the writ petition is disposed of with a direction to the competent authority to consider and dispose of the representation of the petitioner dated 29.01.2025 on merits and in accordance with law as early as possible and communicate a decision thereon to the petitioner.

It is made clear that we have not expressed any opinion on the merits of the case.

(SUSHRUT ARVIND DHARMADHIKARI, CJ) (G.ARUL MURUGAN,J) 15.04.2026 Index :

Yes/No :

Yes/No bbr

To:

1.The District Collector Erode District, As the Chairman, District Planning and Development Authority, Erode District.

2.The Commissioner of Erode Corporation, Corporation Office, Bruff Road, Erode -638 011 3.The District Revenue Officer, District Collectorate Buildings, Perundurai Road, Erode -638 011 4.The Assistant Director, District Town and Country Planning Sambath Nagar, Uzhavar Sandhai Backside Gate, Erode -638 001 5.The Executive Engineer TANGEDCO, Erode Distribution Circle, Erode

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

bbr 15.04.2026