Mahidhara Central Owners Welfare Association (Mcowa) v. The District Collector Kancheepuram

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.11.2025 CORAM :

THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN and W.M.P.No.47878 of 2025 Mahidhara Central Owners Welfare Association (MCOWA) (Regd No.SRG/Chengalapttu/349/2019) 52, Kondavakkam Village, Valarpuram Post Sriperumbudur Tlauk, Kancheepuram Distrct, Tamil Nadu 602 105 Rep. by its Secretary S. Sunil Petitioner Vs 1.The District Collector - Kancheepuram RMFW+GX3, Tirunavaanamai Kanchipurm Road, Thaiyar Kullam, Kanchipuram Tamil Nadu 631 501 2.Directorate of Town and Country Planning 33, Kotrmpalayam Street, 33A, Kotrampalayam Street, Opp. to Labour Court Chinna Kanchpuram, Ennaikaran Kanchipuram, Tamil Nadu 631 501

3.The Block Development Officer - Sriperumbudur Sarala Nagar, Kanchipuram SH-110, Kodambakkam Sriperumbudur Road, Kanchipuram 602 105 4.Valarpuram Panchayat Office Rep. by its President No.3, Bhajanai Kovil Street 53, Valarpuram P.O, Sirperumbudur Taluk Kancheipuram District 602 105 5.Polyhose Enterprises LLP Rep. by its Authorized Signatory Plot Nos.487 and 506, Sector V, Mahidhara Central Layout, Kondavakkam Village, Valarpuram Panchayat Sriperumbudur Taluk, Kancheepuram District Tamil Nadu 602 105 Having registered office at Polyhose Towers, 8th Floor, 386,Mount Road, Guindy, Chenani 600 032 Respondents PRAYER : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondent Nos.1 to 4 to demolish the unauthorized and illegal construction erected by the respondent No.

5 in violation of the approved building plan at Plot Nos.487 and 506 in Sector V, Mahidhara Central Layout, comprised in Survey Nos.15/15A and 50/7A3 at Kondavakkam Village, Valarpuram Panchayat, Sriperumbudur Taluk, Kancheepuram District consequent to the proceedings of the respondent No.3, dated 30.08.2024.

For Petitioner:

Ms.S.Aswini For Respondents:

Mr.T.K.Saravanan Addl. Government Pleader for respondent Nos.1 to 4

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Heard learned counsel for the parties.

2. It appears that on the basis of the allegation made regarding illegal construction by respondent No.5, proceedings were initiated by the Block Development Officer and certain orders were passed. The order was assailed before the District Collector, who vide order dated 16.8.2025, cancelled the order and proceedings initiated by the Block Development Officer.

3. Learned counsel for the petitioner submits that again a representation has been made, but no steps have been taken.

4. We find that, though the District Collector had passed an order that the Block Development Officer does not have jurisdiction,

the petitioner has again made a representation to the concerned Block Development Officer, who is not competent.

5. The petitioner is at liberty to submit a representation/ complaint to Valarpuram Panchayat, through its President. On such complaint made, the concerned Panchayat authority shall duly enquire into the complaint, give notice to respondent No.5 and proceed to take appropriate action, if necessary, in accordance with law. The entire proceedings should be concluded within a period of four months from the date of issuance of notice by the panchayat authority.

6. With the above observation and direction, the writ petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

(MANINDRA MOHAN SHRIVASTAVA, CJ) (G.ARUL MURUGAN,J) 14.11.2025 Index :

Yes/No :

Yes/No bbr

To:

1.The District Collector - Kancheepuram RMFW+GX3, Tirunavaanamai Kanchipurm Road, Thaiyar Kullam, Kanchipuram Tamil Nadu 631 501 2.Directorate of Town and Country Planning 33, Kotrmpalayam Street, 33A, Kotrampalayam Street, Opp. to Labour Court Chinna Kanchpuram, Ennaikaran Kanchipuram, Tamil Nadu 631 501 3.The Block Development Officer - Sriperumbudur Sarala Nagar, Kanchipuram SH-110, Kodambakkam Sriperumbudur Road, Kanchipuram 602 105 4.Valarpuram Panchayat Office Rep. by its President No.3, Bhajanai Kovil Street 53, Valarpuram P.O, Sirperumbudur Taluk Kancheipuram District 602 105

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

bbr 14.11.2025