V.Loganathan v. Karunya University

WMP NO. 23983 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27-10-2025

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH AND THE HONOURABLE MR.JUSTICE R.SAKTHIVEL WMP.No.23983 of 2024 in WP.No. 34091 of 2015 V.Loganathan S/o.Veerachamy, 4/356 Nallurvayalpathy, Tribal Village, Nallur Vayal Post, Mathuvarayapuram, Coimbatore 641114.

Petitioner(s) Vs Karunya University rep. by its Authorised Signatory Karunya Nagar, Coimbatore 641 114 and 4 Others Respondent(s) For Petitioner(s):

Mr.M.Purushothaman For Respondent(s):

Mr.Masilamani, Sr. Counsel for Mr.Kandhan Duraisami, for R1 Mr.G.Ameedius, Government Advocate, for R2 to R4 Ms.D.Kalaiselvi for R5

ORDER

(Order of the Court was made by M.S.Ramesh,J.) The petitioner herein, who is a resident of the native area and who claims to be protecting the rights of the Tribes, seeks to implead himself in the Writ Petition through this miscellaneous petition.

2.The order impugned in the main Writ Petition dated 28.07.2015 is one under Section 80 of the Town and Country Planning Act, 1971, wherein the Authorities have rejected the Revision Petition filed by M/s.Karunya University/writ petitioner. In order to adjudicate the main Writ Petition, the interested and appropriate parties would be the Authorities under the Town and Country Planning Act and the writ petitioner. If at all the implead petitioner is of the view that there are unauthorized constructions put up in the subject properties, the appropriate remedy would be to file a Public Interest Litigation. 3.At this juncture, the learned Senior Counsel appearing on behalf of the writ petitioner would submit that a Public Interest Litigation in W.P.No.

20178 of 2018 has already been filed by the implead petitioner, seeking for removal of alleged encroachments in S.F.Nos.583/2, 587/1B, 587/2B and 587/2C in Mathuvarayapuram in Perur Taluk in Coimbatore District, in which the writ petitioner-University is situated. The Public Interest Litigation has been filed by the same implead petitioner in his capacity as a President of the Vellingiri Hill Tribal Protection Society.

4.We fail to understand as to how the implead petitioner could be a proper party to the present proceedings, which is a lis between the Government and the University. More so, when he had already preferred a Public Interest Litigation for the same cause of action, the present implead petition is an abuse of process of law. 5.In the background of the above observations and findings, we do not find any merits in the present miscellaneous petition and hence, the same stands dismissed. 6.Post the Writ Petition for final disposal on 17.11.2025. (M.S.RAMESH,J.) (R.SAKTHIVEL,J.) 27-10-2025 hvk To

1.The Authorised Signatory, Karunya University, Karunya Nagar, Coimbatore 641 114. 2.The Secretary, Government of Tamilnadu, Housing and Urban Development Department, Chennai-9. 3.The Director of Town and Country Planning, 807, Anna Salai, Chennai 600 002.

4.The Deputy Director of Town and Country Planning, Coimbatore Region, Corporation Commercial Complex, Dr.Nanjappa Road, Coimbatore 641 018.

5.The President, Mathuvarayapuram Panchayat, and Executive Authority, Mathuvarayapuram 641101.