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Madras High CourtWP/45765/2025dismissed

K.Habbis Mohamed v. The Secretary To Government,

2025-12-02Honourable The Chief Justice,Honourable Mr.Justice G.Arul Murugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.12.2025

CORAM

THE HON'BLE MR.MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE G.ARUL MURUGAN 1.K.Habbis Mohammed 2.Farithsulthana : Petitioners versus 1.The Secretary to Government, Municipal Administration & Water Supply Department, Secretariat, Chennai 2.The District Collector, Coimbatore 3.The Commissioner, Coimbatore City Municipal Corporation, Coimbatore 4.The Joint Director of Town & Country Planning, District Town & Country Planning, Coimbatore 5.The Member Secretary, Coimbatore Local Planning Authority, Office of Coimbatore Local Planning Authority, Coimbatore : Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to restore possession of the property to an extent of 25 cents and pay a sum of Rs.1,00,00,000/- towards the damages caused for demolition of

building of 5000 sq.ft illegally and arbitrarily, by considering petitioner's representation dated 14.08.2025 and 26.09.2025 within a time frame.

For Petitioners :

Mr.S.R.Varun Karthick For Respondents :

Mr.K.Karthik Jagannath, Government Advocate, for respondents 1, 2, 4 and 5 Mr.N.Umapathi, Standing counsel, for respondent No.3

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) This writ petition has been filed seeking direction to the respondents to restore possession of the property and also for compensation.

2. On petitioners' own admission, the demolition has taken place in view of an order passed in Review Petition No.117 of 2024, dated 07.04.2025, to which the petitioners were party. 2.1. Submission of the learned counsel for the petitioners is that as against the order passed in the review, writ appeal has been filed.

3. We are of the view that the relief sought by way of a separate petition cannot be granted. The petition is not maintainable and it is dismissed. There will be no order as to costs.

4. This order shall not come in the way of the petitioners in seeking appropriate consequential relief in the pending case.

5. WMP No.50989 of 2025 is closed. WMP No.50984 of 2025 filed to permit the petitioners to file a single writ petition is ordered. (MANINDRA MOHAN SHRIVASTAVA, CJ.) (G.ARUL MURUGAN, J.) 02.12.2025 Index : Yes/No : Yes/No tar To 1.The Secretary to Government, Municipal Administration & Water Supply Department, Secretariat, Chennai 2.The District Collector, Coimbatore 3.The Commissioner, Coimbatore City Municipal Corporation, Coimbatore

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

(tar) 4.The Joint Director of Town & Country Planning, District Town & Country Planning, Coimbatore 5.The Member Secretary, Coimbatore Local Planning Authority, Office of Coimbatore Local Planning Authority, Coimbatore 02.12.2025