K.Vishnu v. The Asst.Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.07.2025 C O R A M THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN K.Vishnu ... Petitioner -vs1. The Assistant Director, Director of Town and Country Planning, 1st Floor, Kumaran Complex, Near Railway Station, Tirupur-641 601.

2. The Principal Secretary, Housing and Rural Development, Fort St.George, Secretariat, Chennai-600 009.

3. The District Collector, Office of The District Collector, Tirupur-641 604.

4. Kalaiselvi ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 1 to 3 to dispose of the representation dated 03.02.2025 made by the petitioner in accordance with law.

For Petitioner : Mr.K.Balakrishnan For R1 to R3 : Mr.M.Venkateswaran Spl. Govt. Pleader ***** 1/4

O R D E R

(By J.Nisha Banu,J.) This Writ Petition has been filed for a direction to the respondents 1 to 3 to dispose of the representation dated 03.02.2025 made by the petitioner in accordance with law.

2. Mr.M.Venkateswaran, learned Special Government Pleader takes notice for R1 to R3. Notice to R4 is dispensed with, as no adverse order is going to be passed against her in this case.

3. It is the case of the petitioner that the property in question was purchased by his father vide Sale Deed dated 10.09.1992 in Doc.No.2441. When the petitioner wanted to clean the property with JCB, one Mani did not permit him and a Police Complaint was given by his father as early as on 14.12.2021. The said Mani purchased the land without earmarking proper boundaries and car parking and is not permitting the petitioner to subdivide the property. The sons of R4 are doing illicit liquor business and have been throwing empty bottles into his land. Though the petitioner sent a representation dated 03.02.2025 to the respondents 1 to 3 2/4

for taking action against R4 for the illegal construction made by her, there is no steps taken on his representation. Hence, the petitioner is before this Court.

4. Learned Special Government Pleader appearing for the respondents 1 to 3 stated that the dispute is between neighbours and the petitioner has to work out his remedy before the concerned Civil Forum.

5. We find force in the contention of the learned Special Government Pleader. When the dispute is between neighbours and a question of facts is involved in the case, this Court, in exercise of power under Article 226 of the Constitution of Indian cannot issue a blanket direction as prayed for by the petitioner. The remedy lies to the petitioner to approach the appropriate Civil Forum to redress his grievance.

6. In such view of the matter, issuing a blanket direction to the respondents 1 to 3 to consider the representation dated 03.02.2025 of the J.NISHA BANU, J.

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AND M.JOTHIRAMAN , J.

ar petitioner, will definitely amount to multiplicity of litigations. Hence, finding no merit in this petition, the Writ Petition filed by the petitioner is liable to be dismissed.

7. Accordingly, this Writ Petition is dismissed as devoid of merits. No costs.

(J.N.B.J.,) (M.J.R,J.,) 23.07.2025 Index: Yes / No Internet: Yes / No ar To:

1. The Assistant Director, Director of Town and Country Planning, 1st Floor, Kumaran Complex, Near Railway Station, Tirupur-641 601.

2. The Principal Secretary, Housing and Rural Development, Fort St.George, Secretariat, Chennai-600 009.

3. The District Collector, Office of The District Collector, Tirupur-641 604.

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