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Madras High CourtWP/16068/2026disposed of

K.Balasubramaniam v. The District Collector

2026-05-06Honourable Mr.Justice S. Sounthar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-05-2026

CORAM

THE HON'BLE MR.JUSTICE S. SOUNTHAR AND WMP NO. 17305 OF 2026 K.Balasubramaniam, S/o. Kumarasamy Gounder, 102, Anbu Nagar, A. Kumarapalayam, Annur (Taluk), Coimbatore -641 653 ..Petitioner(s) Vs

1. The District Collector, Collectorate, Coimbatore.

2. The Thasildhar, Annur Taluk, Coimbatore.

3. The Executive Officer, Annur Town Panchayat, Annur, Coimbatore.

..Respondent(s) PRAYER: This petition has been filed seeking for issuance of a mandamus, to forbear the respondents 1 to 3 from erecting the overhead water tank nearest to the petitioner's property, bearing Plot No.66, comprised in Survey No.404/1A, Annur Village, Annur Town Panchayat, Coimbatore District and consequently direct them to erect overhead water tank in an alternative place in Annur Village, Annur Town Panchayat, Coimbatore District based on the petitioner's

representation dated 02.04.2026.

For Petitioner(s):

Mr.M.Saravanakumar For Respondent(s):

Mr.P.Balathandayutham, Spl.G.P

ORDER

This petition has been filed seeking issuance of a writ of mandamus, forbearing the respondents from erecting the overhead water tank near to the petitioner's property, bearing Plot No.66, comprised in Survey No.404/1A, Annur Village, Annur Town Panchayat, Coimbatore District.

2. It is the case of the petitioner that he is the owner of the property situated in Plot no.66 in S.No.404/1A, Annur Town Panchayat, Annur Village. The respondent constructed a overhead water tank in the adjacent property without maintaining proper distance from the property of the petitioner. The proposed construction would cause serious safety risk and permanent damage to the petitioner's property. Hence, the petitioner submitted a representation to the first respondent on 02.04.2026, requesting the respondent not to proceed with the illegal construction. The copy of the representation was also marked to other respondents but the same has not been considered. Hence, the petitioner has come before this Court with the above mentioned prayer.

3.Mr.P.Balathandayutham, learned Special Government Pleader, who takes notice for the respondents submitted that the representation submitted by the petitioner will be considered in accordance with law. 4.This Court, without expressing any opinion on the merits of the case, directs the third respondent to consider the representation of the petitioner dated 02.04.2026 and pass final orders on its own merits within a period of four(4) weeks from the date of receipt of a copy of this order. 5.This writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.

06-05-2026 Index: Yes/No DN

To

1. The District Collector, Collectorate, Coimbatore.

2. The Thasildhar, Annur Taluk, Coimbatore.

3. The Executive Officer, Annur Town Panchayat, Annur, Coimbatore.

S.SOUNTHAR J.

DN AND WMP NO. 17305 OF 2026 06-05-2026