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Madras High CourtWP/48747/2025dismissed

Venkatchalapathy Nagar v. The Coimbatore Corporation

2025-12-16Honourable Mr Justice S. M. Subramaniam,Honourable Mr.Justice C.Kumarappan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.12.2025 C O R A M THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN Venkatachalapathy Nagar, Virivakkam (M.M.P. Nagar) Kudiirupor Nala Sangam, Rep. by its Secretary, No.105 E, Venkatachalapathy Nagar, Kurichi, Sundarapuram Post, Coimbatore - 641 024.

... Petitioner -vsThe Coimbatore Corporation, Rep. by the Commissioner, Town Hall, Coimbatore.

... Respondent Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, forbearing the respondent from diverting the drainage canal running from South to North Kuliyur situated at Kuruchi Village through the rain water drain canal situated at Survey No.219/1A and 253/2 of the petitioner's Association land in Kuruchi Village, Coimbatore. For Petitioner : Mr.M.Rajasekar For Respondent : Mr.Prasanth Vijay. R for Mr.Najeeb Usman Khan, Standing Counsel 1/5

O R D E R

(Order of the Court was made by S.M.SUBRAMANIAM,J.,) The Writ of Mandamus has been filed to forebear the respondent from diverting the drainage canal running from South to North Kuliyur situated at Kuruchi Village through the rain water drain canal situated at Survey No.219/1A and 253/2 of the petitioner's Association land in Kuruchi Village, Coimbatore.

2. The petitioner is the residents Association filed this Writ Petition on the ground that the respondent Coimbatore Corporation is connecting storm water drainage with the canal running from South to North Kuliyur situated at Kuruchi Village. The learned counsel for the petitioner would submit that the Corporation is connecting the drainage enabling the nearby Hospital to use the drainage to drain their biomedical wastes.

3. However, even the name of the hospital is not stated in the affidavit, nor any particulars regarding the said action are stated. In the absence of such proof, mere oral submission in this regard cannot be considered by this Court. That apart, it is a public scheme implemented by the Coimbatore Corporation. The Corporation has already considered the objections submitted by the petitioner Association and passed orders on 2/5

18.11.2025 stating that the project will not anyway affect the residents in that locality. It is needless to state that the Corporation Authorities have to implement the project as per the terms under the scheme and by following the Rules and procedures.

4. In the present case, the Corporation has considered the objections and held that the scheme will not affect the residents and therefore the petitioner has not made out a case. Consequently the Writ Petition stands dismissed. No costs.

(S.M.S,J.,) (C.K,J.,) 16.12.2025 Index: Yes / No Internet: Yes / No dsa 3/5

To:

The Coimbatore Corporation, Rep. by the Commissioner, Town Hall, Coimbatore.

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S.M.SUBRAMANIAM, J.

AND C.KUMARAPPAN, J.

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