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Madras High CourtWP/39169/2025disposed of with direction

Pushpa Chinnaraj v. The District Collector

2025-11-20Honourable Mr Justice M.Dhandapani8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.11.2025

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI And W.M.P.Nos.43971, 21288 and 21290 of 2025 1.Pushpa Chinnaraj 2.Karthiga ... Petitioners in W.P.39169/2025 Harishankar ... Petitioner in W.P.19006/2025 Vs.

1.The District Collecter Coimbatore District Coimbatore.

2.The Thasildhar Annur Taluk Coimbatore District.

3.The Deputy Superintendent of Police, Karumathampatty Division Karumathampatty & Post Coimbatore District.

4.C.Hari Sankar ... Respondents in W.P.39169/2025 1.The Deputy Director, Department of Health, Coimbatore - 641 018.

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2.The Technical Assistant, Department of Health, Coimbatore - 641 018.

3.The District Officer, Tamil Nadu Department of Fire and Rescue, Coimbatore - 641 018.

4.Pushpa Cinnaraj 5.C.Karthiga ... Respondents in W.P.19006/2025 Prayer in W.P.No.39169 of 2025:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 1 to 3 take appropriate action against the fourth respondent for running the M/s.A.A.Thirumana Mandapam at SF No.292/2B, Ganesapuram, Muthalipalayam Road, Kattampatti Panchayat, Annur Taluk, Coimbatore District without Building Stability Certificate, Fire Safety License and Sanitary Certificate.

Prayer in W.P.No.19006 of 2025:

Petitions filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned order passed by the second respondent in Na.Ka.No.0527/A3/2025 dated 25.01.2025 and the subsequent order passed by the third respondent in Na.Ka.No.22666/E1/2024 dated 09.04.2025, and to quash the same.

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For Petitioners : Mr.S.Kamadevan in W.P.No.39169/2025 Mr.S.Sunny Sheen for M/s.Kingsly Solomon J in W.P.No.19006/2025 For Respondents : Mr.M.Rajendiran for R1 and R2 Additional Government Pleader Mr.S.Balaji for R3 Government Advocate (Crl. Side) Mr.S.Sunny Sheen for R4 for M/s.J.Kingsly Solomon in W.P.No.39169/2025 Mr.E.Sundaram for R1 and R2 Government Advocate Mr.M.Rajendiran for R3 Additional Government Pleader Mr.S.Kamadevan for R4 & R5 in W.P.No.19006/2025 C O M M O N O R D E R W.P.No.39169 of 2025 has been filed seeking issuance of Writ of Mandamus directing the respondents 1 to 3 take appropriate action against the fourth respondent for running the M/s.A.A.Thirumana Mandapam at SF No.292/2B, Ganesapuram, Muthalipalayam Road, Kattampatti Panchayat, Annur Taluk, Coimbatore District without Building Stability Certificate, Fire Safety License and Sanitary Certificate.

2.W.P.No.19006 of 2025 has been filed seeking issuance of Writ 3/8

of Certiorarified Mandamus calling for the records relating to the impugned order passed by the second respondent in Na.Ka.No.0527/A3/2025 dated 25.01.2025 and the subsequent order passed by the third respondent in Na.Ka.No.22666/E1/2024 dated 09.04.2025 and to quash the same.

3.Since the issue involved in these writ petitions are interrelated, they are disposed of by way of a common order. 4.The learned counsel appearing for the petitioners in W.P.No.39169 of 2025 submitted that the petitioners are the mother and sister of the fourth respondent. The first petitioner's husband namely, Chinnaraj owned M/s.A.A.Thirumana Mandapam and other landed properties and he executed Will in favour of the petitioners in so far as M/s.A.A.Thirumana Mandapam and the fourth respondent was provided with the other landed properties, however, the fourth respondent with the help of rowdy elements wanted to run the said Thirumana Mandapam without complying the statutory requirements. Aggrieved by the same, the petitioners filed a suit in O.S.No.1057 of 2023 seeking declaration and permanent injunction based on the Will and the same is pending on the file of the learned IV Additional District 4/8

Judge, Coimbatore, in which, the fourth respondent has made counter claim. Pending suit, the petitioners made complaint before the Fire Services Department and Health Department, pursuant to which, the second respondent cancelled the building stability certificate, however, the fourth respondent is running the Thirumana Mandapam without complying the statutory requirements.

5.The learned counsel appearing for the petitioner in W.P.No.19006 of 2025 submitted that an amicable conclusion was arrived at inbetween the mother, daughter and son and further submitted that the petitioner/ fourth respondent in W.P.No.39169 of 2025 agree to pay a sum of Rs.75,000/- per month to the respondents 4 and 5/ petitioners in W.P.No.39169 of 2025 on or before 7th of every Month and further submitted that this Court may, without going into the merits of the case, issue direction to the official respondents to not to implement the impugned orders till the disposal of the suit in O.S.No.1057 of 2023 and to issue direction to the respondents 4 and 5 to not to send any complaint till the disposal of the suit in O.S.No.1057 of 2023.

6.Considering the submission made by the learned counsel 5/8

appearing for the petitioner in W.P.No.19006 of 2025, this Court without expressing any opinion on the merits of the case, directs the petitioner in W.P.No.19006 of 2025/ fourth respondent in W.P.No.39169 of 2025 to pay a sum of Rs.75,000/- per month to the respondents 4 and 5 in W.P.No.19006 of 2025/ petitioners in W.P.No.39169 of 2025 on or before 7th of every succeeding English Calender Month till the disposal of the suit in O.S.No.1057 of 2023. The official respondents are directed to not to implement the impugned orders till the disposal of the suit in O.S.No.1057 of 2023. The respondents 4 and 5 in W.P.No.19006 of 2025/ petitioners in W.P.No.39169 of 2025 are directed to not to send any complaint till the disposal of the suit in O.S.No.1057 of 2023. Without prejudice to the above said arrangement, the trial Court is directed to dispose of the suit in O.S.No.1057 of 2023.

7.The writ petitions are disposed of with the above observation. No costs. Consequently, the connected miscellaneous petitions are closed.

20.11.2025 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No 6/8

To 1.The District Collecter Coimbatore District Coimbatore.

2.The Thasildhar Annur Taluk Coimbatore District.

3.The Deputy Superintendent of Police, Karumathampatty Division Karumathampatty & Post Coimbatore District.

4.The Deputy Director, Department of Health, Coimbatore - 641 018.

5.The Technical Assistant, Department of Health, Coimbatore - 641 018.

6.The District Officer, Tamil Nadu Department of Fire and Rescue, Coimbatore - 641 018.

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M.DHANDAPANI,J.

pri And W.M.P.Nos.43971, 21288 and 21290 of 2025 20.11.2025 8/8