Colonel M. Mohandoss (Rtd), v. The Commissioner,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22-07-2025

CORAM

THE HONOURABLE MRS. JUSTICE N.MALA

1. Colonel M. Mohandoss (Rtd), Plot No.3, 2nd Cut Road, Narayana Avenue, Krishn, colony, Coimbatore 641 005.

Petitioner(s) Vs

1. The Commissioner, Coimbatore City Municipal corporation, Corporation Office, Coimbatore.

2.Mr.Palanisamy, Residing at Gate No.2, Elsyum Appratment, Narayana Avenue, Krishna Colony, Coimbatore.

Respondent(s) PRAYER This Writ Petition is filed under Article 226 of constitution of India to direct the 1st respondent to consider the representation made by the petitioner dated 13/06/2019.

For Petitioner(s):

M/s.Anukriti Anand Govind Chandrasekhar For Respondent(s):

M/s. K.Magesh, M.Elumalai for R1

ORDER

This Writ Petition is filed for a writ of Mandamus, directing the 1 st respondent to consider the representation made by the petitioner dated 13/06/2019.

2. The brief facts of the case as per the affidavit enclosed to this Writ Petition are that the petitioner's neighbour constructed unauthorized septic tanks, and a sewage tank near his residence at Gate No.2, Elsyum Gardenia Apartment, Coimbatore, causing foul smell and health concerns. Despite lodging complaints with the authorities and police, no action was taken. The petitioner sent a representation dated 13.06.2019 to the respondent, seeking to remove the illegal structure, but the same was not considered. Hence, the present Writ Petition.

3. Learned counsel for the petitioner would submit that it would suffice, if a direction is issued to the 1 st respondent to consider the representation of the petitioner dated 13.06.2019.

4. Learned counsel for the 1 st respondent would submit that the representation of the petitioner dated 13.06.2019, will be considered and appropriate orders will be passed on merits and in accordance with law, within a time frame that may be stipulated by this Court.

5. Heard both sides and perused the records.

6. Considering the submissions made by both sides, the first respondent is hereby directed to consider the representation of the petitioner dated 13.06.2019, after issuing due notice to the petitioner as well as the second respondent, giving an opportunity of personal hearing and upon consideration of the documents to be filed by the parties, shall pass orders on merits and in accordance with law, preferably, within a period of eight weeks from the date of receipt of copy of this order.

7. With the above directions, the Writ Petition is disposed of. No costs. 22-07-2025 Jai / AP Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Commissioner, Coimbatore City Municipal corporation, Corporation Office, Coimbatore.

2.Mr.Palanisamy, Residing at Gate No.2, Elsyum Appratment, Narayana Avenue, Krishna Colony, Coimbatore.

N.MALA, J.

Jai/AP 22-07-2025