T.V Omnath v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.06.2026

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR and THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN W.P(MD)Nos.9658 of 2026 & 29761 of 2025 W.P(MD)No.9658 of 2026 T.V.Omnath ... Petitioner vs.

1.The Commissioner, Madurai City Municipal Corporation, Madurai City, 2.G.Manoharan 3.T.Radhakrishnan ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the first respondent to take appropriate action against the unauthorized construction put up by the respondents 2 and 3 in Door Nos.10 and 10A, Muthukaruppa Pillai Lane, South Veli Street, Madurai based on the petitioner's representation dated 03.03.2026 and to remove the encroachment made into the 5 feet public pathway. 1/6

For Petitioner : Mr.J.Barathan For R1 : Mr.K.Sivabalan Standing Counsel For R2 : Mr.R.Ramasamy W.P(MD)No.29761 of 2025 G.Manoharan ... Petitioner vs.

1.The Commissioner, Madurai Corporation, 2.T.V.Omnath 3.G.Sasikala ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the first respondent to remove the unauthorized construction made by the 2nd and 3rd respondent in Door No.10B, Muthukaruppapillai lane, South Veli Street, Madurai-1 based on the petitioner representation dated 09.04.2025 and 28.08.2025 within a stipulated time fixed by this Court.

For Petitioner : Mr.R.Ramasamy For R1 : Mr.S.Vinayak For R2 & R3 : Mr.J.Barathan 2/6

COMMON ORDER (Order of the Court was made by N.SATHISH KUMAR, J.) These writ petitions have been filed seeking the removal of unauthorized constructions allegedly made by the private parties.

2. A perusal of the affidavits filed in support of the writ petitions reveals that both petitioners are neighbours and, with respect to the same dispute, have filed writ petitions against each other alleging that the other has put up constructions in violation of the approved building plan. 3.Learned counsel for the petitioner in W.P.(MD) No.9658 of 2026 submitted that, although there may be certain minor deviations in the construction, the entire construction cannot be termed unauthorized as alleged by the petitioner in W.P.(MD) No.29761 of 2025. It was further contended that the petitioner in W.P.(MD) No.29761 of 2025 has also constructed a building without adhering to the approved building plan.

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4. In view of the above, the Commissioner, Madurai Municipal Corporation, is directed to conduct an inspection of both buildings. If any unauthorized construction is found, appropriate action shall be initiated in accordance with law for its removal. The said exercise shall be completed within a period of three months from the date of receipt of a copy of this order.

5. With the above directions, these writ petitions are disposed of. No costs. [N.S.K.,J.] [M.J.R.,J.] 08.06.2026 NCC : Yes / No Index : Yes / No Internet : Yes am 4/6

To The Commissioner, Madurai Corporation, 5/6

N.SATHISH KUMAR , J.

and M.JOTHIRAMAN , J.

am W.P(MD)Nos.9658 of 2026 & 29761 of 2025 DATED : 08.06.2026 6/6