M.Gopalakrishnan v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.01.2026 CORAM :

THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN and W.M.P.No.55236 of 2025 M.Gopalakrishnan Secretary, Sri Muruga Nivas Apartment Welfare Association S/o.Mahadevan, No.12/13, Rajammal Layout, Sri Muruga Nivas Apartment, Ponnaiah Rajapuram Main Road, Petitioner Vs 1.The Commissioner Coimbatore City Municipal Corporation, 2.The District Collector Coimbatore Collector Office, Coimbatore- 641 018.

3.The Assistant Commissioner (West Zone), R.S.Puram,

4.The Local Planning Committee Member (West Zone), 5.M.Somasundaram S/o.P.Mallaiah, No.384, Edayar Street, 6.S.Shanthi W/o.M.Somsundaram, No.384, Edayar Street, Respondents PRAYER : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents 1 to 4 to consider the representation dated 09.09.2025, 13.09.2025, 23.09.2025 and 08.11.2025 and take action against the unauthorized construction by the 6th and 7th respondents. For Petitioner:

Ms.D.Latha For Respondents:

Mr.N.Velmurugan Standing Counsel for respondent Nos.1 and 3 Mr.E.Vijay Anand Addl. Government Pleader for respondent No.2

ORDER

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

2. We are not inclined to exercise our extraordinary jurisdiction under Article 226 of the Constitution of India to go into the allegation of the alleged illegal construction by the private respondents, as it is not with regard to public street, road, government land, park, waterbody, etc.

3. Leaving it open for the authorities to examine, the writ petition is closed. There shall be no order as to costs. Consequently, connected miscellaneous petition is also closed. If the petitioner's easementary rights are affected, petitioner has a remedy to file civil suit.

(MANINDRA MOHAN SHRIVASTAVA, CJ) (G.ARUL MURUGAN,J) 02.01.2026 Index :

Yes/No :

Yes/No bbr

To:

1.The Commissioner Coimbatore City Municipal Corporation, 2.The District Collector Coimbatore Collector Office, Coimbatore- 641 018.

3.The Assistant Commissioner (West Zone), R.S.Puram, 4.The Local Planning Committee Member (West Zone),

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

bbr 02.01.2026