Arun Prasad v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.04.2026
CORAM
THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K. SURENDER Arun Prasad ... Petitioner vs.
1. The Commissioner Coimbatore Corporation Coimbatore
2. The Assistant Commissioner (South Zone) Coimbatore Corporation
3. The Joint Director / Member Secretary Coimbatore District Town and Country Planning Authority Corporation Complex Coimbatore - 600 018 ... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, directing Respondents 1 to 3 to remove the obstruction / encroachments in the public road shown in the layout bearing approval in LP/DTCP No.1425/1992 situated in S.F.No.309 /1 Sundakkamuthur Village following the proceedings of the 2nd respondent dated 26.05.2020 in Na.Ka.No.2206 / 2020/ MH4 (S) and to restore the Page Nos.1/5
public road in the original position by considering petitioner representation dated 08.02.2025.
For Petitioner :
Mr.R.Prabakar For Respondents :
Mr.Najeeb Usman Khan for R1 and R2 Mr.E.Vijay Anand Additional Government Pleader for R3 *****
O R D E R
[Made by S.M.SUBRAMANIAM, J.,] The writ on hand has been instituted to direct Respondents 1 to 3 to remove the obstruction / encroachments in the public road shown in the layout bearing approval in LP/DTCP No.1425/1992 situated in S.F.No.309 /1 Sundakkamuthur Village following the proceedings of the 2nd respondent dated 26.05.2020 in Na.Ka.No.2206 / 2020/ MH4 (S) and to restore the public road in the original position by considering petitioner's representation dated 08.02.2025.
Page Nos.2/5
2. The learned counsel for the writ petitioner would submit that the public road has been encroached upon causing obstruction to the petitioner as well as the people residing in that locality.
3. The Joint Director (Incharge), District Town and Country Planning, Coimbatore has filed a counter affidavit stating that the OSR land, park, road and other public purpose land in the approved layout have already been handed over to Coimbatore Corporation and therefore, the encroachments, if any, to be removed by the Corporation Authorities by following the procedure.
4. In view of the said stand taken by the Joint Director, District Town and Country Planning authority, the respondents 1 and 2, namely the Commissioner and the Assistant Commissioner, Coimbatore Corporation are directed to conduct a survey, identify the OSR lands as well as encroachments on the streets, roads and initiate appropriate enforcement actions. If any encroachments are identified, the procedure under the relevant Statutes and Rules in force shall be followed scrupulously before evicting the encroachers from the public property. The entire exercise is directed to be done within three months from the date of receipt of a copy of this order.
Page Nos.3/5
With the above directions, the writ petition is disposed of. There shall be no order as to costs.
(S.M.S.,J.) (K.S.,J.) 21.04.2026 gpa To
1. The Commissioner Coimbatore Corporation Coimbatore
2. The Assistant Commissioner (South Zone) Coimbatore Corporation
3. The Joint Director / Member Secretary Coimbatore District Town and Country Planning Authority Corporation Complex Coimbatore - 600 018 Page Nos.4/5
S. M. SUBRAMANIAM, J., and K. SURENDER, J., gpa 21.04.2026 (3/3) Page Nos.5/5