N.Manoharan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.06.2025

CORAM

THE HONOURABLE MRS. JUSTICE J.NISHA BANU AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN W.P.No.21153 of 2025 and WM.P.No.23880 of 2025 N.Manoharan, S/o Narayanasamy

...Petitioner

Vs.

1. The District Collector, Coimbatore District, Gopalapuram, Coimbatore - 641 018.

2. The Zonal Commissioner- North Zone, Office of the City Planning Division, North Zone, ,Coimbatore - 641 037.

3. The Assistant Commissioner, North Zone, Corporation of Coimbatore, Coimbatore - 641 037.

4. The Engineer, TANGEDCO, Pelamedu, Avinashi Road, Pelamedu, Coimbatore - 641 004.

5. M.D.Selvaraj, D.No.92-96, 4th Street, Avarampalayam, Ward-027, North Zone, Coimbatore -641 037 ... Respondents

Prayer: Writ Petition filed under Article 226 of th Constitution of India seeking to issue a Writ of Mandamus to direct the 2nd respondent to cancel the planning permission, building permission and also directing not to receive any tax from 5th respondent.

For Petitioner : Mrs.C.Bhagyalakshmi For Respondents : Mr.V.Venkaeswaran '

Special Govt.Pelader for R1 Mr.L.Jai Venkaesh for R4

ORDER

(The order of the Court was made by J.Nisha Banu,J.) This writ petition has been filed to direct the 2nd respondent to cancel the planning permission, building permission and also directing not to receive any tax from 5th respondent.

2. The case of the petitioner is that the 5th respondent has made illegal and unauthorised construction by blocking the road used by the public and residents.

3. Heard the learned counsel for the petitioner,the learned Special Government Pleader appearing for the 1st respondent, the learned Standing Counsel appearing for the 4th respondent and perused the materials available on record. Notice to the 2nd, 3rd and 5th respondents is not necessary as no adverse order is passed in this writ petition.

4. Learned counsel for the petitioner would state that the

petitioner had already given representation to the authorities concerned, in respect of the unauthorised construction of 5th respondent, but no action was taken.

5. Learned Special Government Pleader would state that already notice has been issued to the 5th respondent pointing out the deviation.

6. Though the petitioner has come up with a larger prayer, the learned counsel for the petitioner states that a representation has already been given to the respondents in respect of unauthorized construction of 5th respondent. Hence, we are of the considered view that the petitioner shall give a fresh representation to the respondents. Upon receipt of such representation, the 2nd respondent, shall give an opportunity of personal hearing to the petitioner as well as the 5th respondent and take appropriate action in the manner known to law, within a period of eight weeks thereafter. Accordingly, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. [J.N.B.,J.] [M.J.R.,J.] 16.06.2025 vsi Speaking order/Non-speaking order

J.NISHA BANU,J.

AND M.JOTHIRAMAN,J.

vsi To

1. The District Collector, Coimbatore District, Gopalapuram, Coimbatore - 641 018.

2. The Zonal Commissioner- North Zone, Office of the City Planning Division, North Zone, ,Coimbatore - 641 037.

3. The Assistant Commissioner, North Zone, Corporation of Coimbatore, Coimbatore - 641 037.

4. The Engineer, TANGEDCO, Pelamedu, Avinashi Road, Pelamedu, Coimbatore - 641 004.

16.06.2025