Ar.Sekar v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.06.2025 C O R A M THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN AR.Sekar ... Petitioner -vs1. The Commissioner, Coimbatore Corporation, Coimbatore Corporation Office, Coimbatore-641 001.

2. The Assistant Commissioner, Central Zone, Coimbatre Corporation, Coimbatore-641 018.

3. The Assistant Town Planner, Central Zone, Coimbatore Municipal Corporation.

4. K.Nitya ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 1st respondent to consider the representation of the petitioner dated 14.03.2025 and take appropriate action for the removal of the unauthorised construction and encroachment made by the 4th respondent.

For Petitioner : Mr.SP.Yuvaraj 1/5

For R1 to R3 : Mr.N.Umapathy Standing Counsel *****

O R D E R

(By J.Nisha Banu,J.) This Writ Petition has been filed for a direction to the 1st respondent to consider the representation of the petitioner dated 14.03.2025 and take appropriate action for the removal of the unauthorised construction and encroachment made by the 4th respondent.

2. Mr.N.Umapathy, learned Standing Counsel takes notice for the respondents 1 to 3. Notice to R4 is dispensed with, as no adverse order is going to be passed against him. By consent, the Writ Petition itself is taken up for final disposal at the admission stage.

3. It is the case of the petitioner that the 4th respondent has violated the sanctioned building plan and has unlawfully encroached upon a public land. He made a complaint to the Official respondents in the year 2024, pursuant to which, the 3rd respondent conducted a site inspection and 2/5

ordered demolition of the unauthorized building on 27.09.2024. According to the petitioner, in order to evade compliance, the 4th respondent filed a suit in O.S.No.1161 of 2024 before the II Munsif Court, Coimbatore and during pendency of the suit, she has completed the construction and steps are taken to obtain a completion certificate. Though he has given a representation dated 14.03.2025 to the 1st respondent for demolition of the unauthorized building, it did not evoke any response from the 1st respondent. Hence, the petitioner is before this Court.

4. Learned Standing Counsel appearing for the respondents 1 to 3 stated that a reasonable time may be granted to the 1st respondent for considering and passing appropriate orders on the representation of the petitioner.

5. Considering the facts and circumstances of the case and also taking into account the limited scope of the relief sought for by the petitioner, this Court, without expressing any opinion on the merits of the matter, directs the 1st respondent to consider the representation dated 3/5

14.03.2025 of the petitioner, by giving an opportunity of personal hearing to the petitioner, R4 and other parties concerned and thereafter, take suitable action in accordance with law. Such an exercise shall be carried out within a period of twelve weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. No costs.

(J.N.B.J.,) (M.J.R,J.,) 13.06.2025 Index: Yes / No Internet: Yes / No ar To:

1. The Commissioner, Coimbatore Corporation, Coimbatore Corporation Office, Coimbatore-641 001.

2. The Assistant Commissioner, Central Zone, Coimbatre Corporation, Coimbatore-641 018.

3. The Assistant Town Planner, Central Zone, Coimbatore Municipal Corporation.

J.NISHA BANU, J.

4/5

AND M.JOTHIRAMAN , J.

ar 13.06.2025 5/5