D.Ramasamy v. The Commissioner, Salem City Municipal Corporation

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.12.2025 CORAM :

THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN and W.M.P.Nos.53929 and 53933 of 2025 D.Ramasamy S/o. C. R.Duraisamy, Door No.169, State Bank Officers Colony, Meyyanur, Salem, Tamilnadu-636 004 Petitioner Vs 1.The Commissioner, Salem City Municipal Corporation Salem Corporation Main Office, Fort Main Road (Navalar Nedunchezhiyan Salai), Shevapet, Salem, Tamilnadu-636 001 2.The Executive Engineer Salem City Municipal Corporation, Ward-M. Block-6, Meyannur, Salem, Salem-636004 3.The District Collector, Salem District.

Collectorate, Room No.101, First Floor, Collectorate, Salem, Tamil Nadu -636 001

4.The State of Tamil Nadu Rep. by the Additional Secretary to Government, Secretariat, Fort St. George, Municipal Corporation Department, Chennai, Tamil Nadu-600 009 5.Mr. C.Prabhakaran S/o.M.Chellamuthu, Plot No.50, State Bank Officers Colony, Meyyanur, Salem, Tamil Nadu-636004 Respondents PRAYER : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the 1st and 2nd respondents to consider the dispose of the representation dated 12.08.2025 within a time frame fixed by this Hon'ble Court by passing appropriate orders for demolition of unauthorized construction made by the 5th respondent in the property bearing Plot No.50 State Bank Officers Colony, Meyyanur, Salem, TamilNadu, 636004, and restore the same as per the sanctioned building plan and planning permit and take action as contemplated under section 56 of the Act. For Petitioner:

Ms.S.B.Nirmalatha For Respondents:

Mr.K.Karthik Jagannath Government Advocate for respndent Nos.1 to 4

ORDER

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

2. As against the averments made in the petition, the representation made by the petitioner on 12.08.2025 clearly shows that the petitioner's grievance is that the private respondent while making some construction is alleged to have encroached petitioner's compound wall.

3. The dispute is of private nature. The remedy of the petitioner is to approach the civil court.

The petition is dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. (MANINDRA MOHAN SHRIVASTAVA, CJ) (G.ARUL MURUGAN,J) 15.12.2025 Index :

Yes/No :

Yes/No bbr

To:

1.The Commissioner, Salem City Municipal Corporation Salem Corporation Main Office, Fort Main Road (Navalar Nedunchezhiyan Salai), Shevapet, Salem, Tamilnadu-636 001 2.The Executive Engineer Salem City Municipal Corporation, Ward-M. Block-6, Meyannur, Salem, Salem-636004 3.The District Collector, Salem District.

Collectorate, Room No.101, First Floor, Collectorate, Salem, Tamil Nadu -636 001 4.The Additional Secretary to Government, State of Tamil Nadu Secretariat, Fort St. George, Municipal Corporation Department, Chennai, Tamil Nadu-600 009

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

bbr 15.12.2025