P.Kathirvel v. The Principal Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.12.2025 CORAM :

THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN and W.M.P.No.53390 of 2025 P.Kathirvel S/o.Palanisamy Door No.2D-5 Sivananda Street, Rasipuram Town and Taluk, Namakkal District.

Petitioner Vs 1.The Principal Secretary to Government Municipal Administration and Water Supply Department, Secretariat, Fort St. George, Chennai - 600 009.

2.The Director of Municipal Administration No.76, Municipal Administration Office Building, Santhome High Road, MRC Nagar, Raja Annamalaipuram, Chennai - 600 028.

3.The Regional Director of Municipal Administration Liebazar Road, Arisipalayam, Salem - 636 009.

4.The Commissioner Rasipuram Municipality, Rasipuram Town and Taluk Namakakl District.

5.The Assistant Engineer (Town Planning Section) Rasipuram Municipality, Rasipuram Taluk, Namakkal District.

6.Udhayaraj S/o.Jayagopalan, Door No.2/180, Maruthankadu, Aramathapalayam Alavaipatty Post, Rasipuram Taluk, Namakkal District.

Respondents PRAYER : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the 4th respondent to inspect, measure, and take immediate and appropriate action against the illegal and unauthorized construction put up by the 6th respondent at Door No.2/180, Maruthankadu, Aramathapalayam, Rasipuram Taluk, Namakkal District, in violation of the building rules and regulations, and consequently direct the respondent authorities to demolish the portion constructed in violation of the approved plan and building laws, by considering the petitioner's representation dated 26.09.2025. For Petitioner:

Mr.R.Selvakumar For Respondents:

Mr.M.Habeeb Rahman Government Advocate for respondent Nos.1 to 5 Mr.E.Aneesh Vinayak for respondent No.6

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Earlier the petitioner's wife, K.Gomathi, filed a petition raising the same issue and the said writ petition was dismissed for want of locus standi. Now, the petitioner, who is the husband of K.Gomathi, has filed the petition raising the same issue against the construction raised by the private respondent. Not only that, the petitioner has conveniently suppressed the fact that his wife had earlier filed a writ petition, which was dismissed.

2. This petition is, therefore, nothing but an abuse of the process of law and is, accordingly, dismissed with costs quantified at Rs.25,000/- payable by the petitioner to the Puducherry Legal Services Authority within one month. Consequently, connected interim application stands closed.

(MANINDRA MOHAN SHRIVASTAVA, CJ) (G.ARUL MURUGAN,J) 11.12.2025 Index :

Yes/No :

Yes/No sasi

To:

1.The Principal Secretary to Government Municipal Administration and Water Supply Department, Secretariat, Fort St. George, Chennai 600 009 2.The Director of Municipal Administration No.76, Municipal Administration Office Building, Santhome High Road, MRC Nagar, Raja Annamalaipuram, Chennai 600 028 3.The Regional Director of Municipal Administration Liebazar Road, Arisipalayam, Salem 636 009 4.The Commissioner Rasipuram Municipality, Rasipuram Town and Taluk Namakakl District 5.The Assistant Engineer (Town Planning Section) Rasipuram Municipality, Rasipuram Taluk, Namakkal District

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

(sasi) 11.12.2025