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Madras High CourtWP/26651/2021dismissed

R.Narayanasamy v. The Commissioner

2026-04-16Honourable Mr Justice S. M. Subramaniam,Honourable Mr.Justice K. Surender4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-04-2026

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K.SURENDER W.P.No.26651 of 2021 and W.M.P.No.28094 of 2021 R.Narayanasamy ... Petitioner -vs1. The Commissioner, Director of Town and Country Planning, Building Division, No.807, Annasalai, Chennai - 600 002.

2. The Commissioner, Coimbatore Corporation, Big Bazaar Street, Coimbatore - 641 001.

3. The Member Secretary, Local Planning Authority, Corporation Shopping Complex, Dr.Nanjappa Road, Coimbatore - 641 018.

4. The Assistant Commissioner, East Zone Coimbatore Corporation, Trichy Road, Singanallur, Coimbaotre - 641 005.

... Respondent Prayer: Calling for the record in Na.Ka.No.6301/2021 U thi ku dated 01.11.2021 passed by the 3rd respondent by cancelling in Ma.Va./(Ko.Uthi.Ku) Regularization No.204/2018 in Plot Nos.2,3,6,7,8,9,10,11,12 and 12A an extent of 1 Acre 90 cents in DTCP/L/0029558/2017 dated 14.03.2018 and quash the same.

For Petitioner:

Mr.P.Tamilavel For Respondent(s):

Mr.T.Arun Kumar, AGP for R1 & R3 Mr.K.Magesh, Standing Counsel for R2 & R4 *****

O R D E R

(Order of the Court was made by S.M.Subramaniam J.) The order of regularization made in unapproved plots dated 14.03.2018 as residential plots was cancelled by the competent authority vide proceedings dated 01.11.2021 and the said order of cancellation is under challenge in the present writ petition.

2. The fact remains that the subject portion of the land has been earmarked as OSR for public use. The petitioner has encroached upon the OSR land and by providing false information, obtained regularization of plots. Coimbatore Corporation, during inspection, found that the subject portion of the land has been earmarked as OSR as per the approved layout and initiated enforcement action. Unauthorized construction in the OSR land was demolished and Coimbatore Corporation has taken possession of the said land, by converting it as a public park. At present, the park is being used for the benefit of public. Since the regularization was obtained by providing false information, regularization that was granted in the year 2018 was cancelled through the impugned order vide proceedings dated 01.11.2021.

3. It is brought to the notice of this Court that OSR land has now been taken possession by Coimbatore Corporation and unauthorized buildings were demolished. The subject property has also been converted as a public park. That being the factum, no adjudication needs to be undertaken.

Accordingly, the present Writ Petition stands dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. (S.M.S.,J.) (K.S.,J.) 16-04-2026 Index: Yes/No Speaking/Non-speaking order AR To:

1. The Commissioner, Director of Town and Country Planning, Building Division, No.807, Annasalai, Chennai - 600 002.

2. The Commissioner, Coimbatore Corporation, Big Bazaar Street, Coimbatore - 641 001.

3. The Member Secretary, Local Planning Authority, Corporation Shopping Complex, Dr.Nanjappa Road, Coimbatore - 641 018.

4. The Assistant Commissioner, East Zone Coimbatore Corporation, Trichy Road, Singanallur, Coimbaotre - 641 005.

S.M.SUBRAMANIAM,J.

AND K.SURENDER,J.

AR W.P.No.26651 of 2021 2/3 16-04-2026