Madras High CourtWP(MD)/6359/2026dismissed

A.Ravi Kumar v. The Commissioner

2026-03-10Honourable Mr Justice N. Sathish Kumar,Honourable Mr.Justice M.Jothiraman4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :10.03.2026

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN and W.M.P.(MD) No.5288 of 2026

1. A.Ravi Kumar

2. S.V.Vanathi ... Petitioners Vs

1. The Commissioner, Madurai City Municipal Corporation, Madurai District.

2. The Town Planning Officer/Local Planning Authority, Madurai City Municipal Corporation, Madurai District.

3. R. Senthil Kumar ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the Respondents 1 and 2 to consider the Petitioner's representation dated 18.12.2025 inspect the premises of the 3rd Respondent, and initiate appropriate action in accordance with law under Section 56 and 57 of the 1/4

Tamil Nadu Town and Country Planning Act, 1971 and the relevant Rules, including issuance of Form-I notice.

For Petitioners : Mr.A. Marthandavarman For R1 & R2 : M/s.S.Devasena Standing Counsel

ORDER

(Order of the Court was made by N.SATHISH KUMAR, J.) The present writ petition has been filed for the following relief: "To directing the respondents 1 and 2 to consider the petitioner's representation dated 18.12.2025, inspect the premises of the 3rd Respondent, and initiate appropriate action in accordance with law under Section 56 and 57 of the Tamil Nadu Town and Country Planning Act, 1971 and the relevant Rules, including issuance of Form-I notice."

2. On perusal of the affidavit of the petitioners, it appears that the petitioners have already filed a suit alleging encroachment made by the private respondent in O.S.No.195 of 2024 on the file of the District Munsif Court, Melur, seeking to remove the encroachment. Now, they have come up with the relief to ensure that the action to be taken under 2/4

Section 56 and 57 of the Tamil Nadu Town and Country Planning Act, 1971,

3. In such view of the matter, the petitioners have to establish the alleged encroachment in the civil suit. Once they establish the allegation against the third respondent in the civil suit, further action will automatically follow. Hence, there is no merits in this writ petition.

4. With the said observations, this Writ Petition is dismissed. No costs. W.M.P.(MD) No.5288 of 2026 is ordered. NCS : Yes/No [N.S.K., J.] & [M.J.R., J.] Index : Yes / No 10.03.2026 Internet : Yes / No apd To

1. The Commissioner, Madurai City Municipal Corporation, Madurai District.

2. The Town Planning Officer/Local Planning Authority, Madurai City Municipal Corporation, Madurai District.

3/4

N.SATHISH KUMAR, J.

AND M.JOTHIRAMAN, J.

apd ORDER MADE IN 10.03.2026 4/4