Madras High CourtWP(MD)/3384/2026disposed of

Subbiah v. The Special Officer

2026-02-09Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 09/02/2026

CORAM

THE HONOURABLE MR. JUSTICE R.VIJAYAKUMAR and W.M.P(MD).Nos.2803 and 2805 of 2026 Subbiah, ... Petitioner Vs

1. The Special Officer, Village Panchayat Cum Block Development Officer, Kadavur Union Office, Kadavur Taluk, Karur District..

2. The District Collector, Karur District, Karur..

3. Amutha, W/o.Kumaresan, ... Respondents PRAYER :-Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari to call for the records relating to the impugned building plan Approval No. SWP/BPA/688828/2025 dated 12.11.2025 issued by the first respondent and to quash the same.

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For Petitioner : Mr.S.Nagarajan, For R1 : Mr.K.Balasubramani Special Government Pleader For R2 : Mr.Senthil Ayyanar Government Advocate

ORDER

The present writ petition has been filed to quash the building plan approval granted by the first respondent.

2. According to the learned counsel appearing for the writ petitioner, the petitioner is the owner of the property and the third respondent has no right whatsoever over the property in dispute. He further submitted that the petitioner along with her mother filed O.S.No. 107 of 2024 before the District Munsif Court, Kulithalai as against the third respondent and others seeking for a permanent injunction restraining them from disturbing their possession. The third respondent has also entered appearance and filed a written statement. Suppressing the pendency of the Civil Suit, the third respondent managed to get building plan approval from the first respondent. 2/4

3. The facts narrated above clearly indicate that the petitioner has to approach only the concerned civil Court seeking an interim injunction restraining the third respondent from putting up any construction in the suit schedule properties.

4. With the above observations, this writ petition is disposed of with liberty to the petitioner to approach the concerned civil Court. No Costs. Consequently, connected miscellaneous petitions are closed. 09.02.2026 tta TO

1. The Special Officer, Village Panchayat Cum Block Development Officer, Kadavur Union Office, Kadavur Taluk, Karur District..

2. The District Collector, Karur District, Karur..

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R.VIJAYAKUMAR,J tta

ORDER

IN WP(MD) No.3384 of 2026 Date : 09/02/2026 4/4