Krishnakumar v. The Principal Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.09.2025
CORAM
THE HON'BLE MR.MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE G.ARUL MURUGAN Krishnakumar : Petitioner versus
1. The Principal Secretary Housing urban development Department Fort St.George, Seceretariat Chennai-600009 2.The Director Municipal Administration 75, Urban Administrative Building Santhome High Road, MRC Nagar Raja Annamalaipuram Chennai-600028 3.The Deputy Director District Town and Country Planning 1st Floor, Kumaran Commercial Complex Tirupur-641601 4.The Commissioner Udumalpet Municipality Dhali Road Udumalpet -642126 5.Gajaananda Jewellery Mart India Private Limited Rep by the Director Prasanna Anguraj (Sree Kumaran Thangamaligai) No. 248/1, Pollachi to Palani Road Kuttai Thidal Udumalpet- 642126
6.Thilagawathi 7.Vijayarajan Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the fourth respondent to take appropriate action in pursuance of the representation of the petitioner dated 10.12.2024.
For Petitioner :
Mr.Avinashwadhwani For Respondents :
Mr.V.Veeramani, Government Advocate, for respondents 1 to 3 Mr.B.Anand, Standing Counsel, for respondent No.4
ORDER
(Order of the Court was made by the Hon'ble Chief Justice) The allegation of raising construction by the fifth respondent in violation of building permission, is sought to be raised by the petitioner, though without any locus standi.
2. The present is not a case where any public land, street or Government land is being encroached. Such an allegation without there being any alleged violation of the petitioner's right or right involving public at large cannot be allowed to be entertained in the
garb of public interest litigation. There is no allegation in the petition that because of such alleged construction, petitioner's easement rights have been adversely affected.
3. The petition is misconceived and it is dismissed. There will be no order as to costs.
(MANINDRA MOHAN SHRIVASTAVA, CJ.) (G.ARUL MURUGAN, J.) 01.09.2025 Index : Yes/No tar To
1. The Principal Secretary Housing urban development Department Fort St.George, Secretariat, Chennai-600009 2.The Director Municipal Administration 75, Urban Administrative Building Santhome High Road, MRC Nagar Raja Annamalaipuram Chennai-600028 3.The Deputy Director District Town and Country Planning 1st Floor, Kumaran Commercial Complex, Tirupur-641601 4.The Commissioner Udumalpet Municipality Dhali Road, Udumalpet -642126
THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN , J.
(tar) 01.09.2025