P.K.Ganesan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.11.2025 CORAM :

THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN & W.M.P.No.45062 of 2025 P. K. Ganesan ..

Petitioner Vs.

1. The District Collector District Collector Office State Bank Road, Gopalapuram Coimbatore 641 018.

2. The Commissioner Coimbatore Corporation P-14,1109, Big Bazaar Street, near TK Market Town Hall, Coimbatore - 641 001.

3. Coimbatore District Town and Country Planning Office Ground Floor & First Floor Door No.50, FCI Road, Gandhimanagar Ganapathy, Coimbatore - 641 004.

4. Vivekanandan

5. Chitra

6. V. Priyadarshini

7. N. Akshaya ..

Respondents

Prayer : Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the 3rd respondent to consider the representation of the petitioner dated 23.07.2025 and direct the respondents 4 to 7 from making further construction and also direct the respondents 1 to 3 to demolish the illegal constructions made by respondents 4 to 7 in S.No.7/1A of ward no. 88, Sundakamputhur Village, Perur Taluk, Coimbatore District. For Petitioner :

Mr.R.Ganesan For Respondents :

Mr.K.Karthik Jegannath Government Advocate for Respondents 1 & 3 Mr.D.Ferdinand Standing Counsel for Respondent-2

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Petitioner has filed this petition alleging illegal construction being raised by respondents 4 to 7.

2. It is submitted that he has made a complaint to the authority alleging that constructions are being raised by private respondents to develop a commercial building, whereas it is predominantly a residential area. It is submitted that though notice has been issued on 06.08.2025, till date, illegal construction has not been removed.

3. If petitioner has any grievance as far as his own land is concerned, he is at liberty to take appropriate action by filing a suit.

4. As far as allegation of inaction towards removal of alleged illegal construction is concerned, we find that the local body has already issued a notice and proceedings have been initiated. Therefore, it cannot be said to be a case of inaction. Therefore, at this stage, it is not necessary for us to keep this petition pending. Keeping it open to the local authority to take their proceedings, drawn after notice to its logical conclusion, petition is dismissed.

There shall be no order as to costs. Consequently, the interim application is also dismissed.

(MANINDRA MOHAN SHRIVASTAVA, CJ) (G.ARUL MURUGAN,J) 03.11.2025 Index :

Yes/No Yes/No kpl To

1. The District Collector District Collector Office State Bank Road, Gopalapuram Coimbatore 641 018.

2. The Commissioner Coimbatore Corporation P-14,1109, Big Bazaar Street, near TK Market Town Hall, Coimbatore - 641 001.

3. Coimbatore District Town and Country Planning Office Ground Floor & First Floor Door No.50, FCI Road, Gandhimanagar Ganapathy, Coimbatore - 641 004.

THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN,J.

(kpl) 03.11.2025