Deiveegan v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.04.2026

CORAM

THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR and W.M.P.(MD)No.8439 of 2026 Deiveegan ... Petitioner vs.

1.The Commissioner, Municipality Corporation, Trichy.

2.The Member Secretary, Local Planning Authority, Trichy.

3.The Pastor & Chairman P.C, TELC, (Tamil Evangelical Lutheran Church) Lalgudi Pastorate, Holy Immanuel Church, Lalgudi, Trichy District 4.The Secretary P.C, TELC Pastorate, (Tamil Evangelical Lutheran Church), Holy Immanuel Church, Lalgudi, Trichy District.

... Respondents 1/4

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to forbear the 1st and 2nd respondents herein not to construct any buildings and not to renovation work in the Survey Nos. 106/9, 106/3B and 106/3A at Lalgudi, Trichy District by the 3rd and 4th respondents herein and by considering the petitioner's representations, dated 28.01.2026 and 01.04.2026. For Petitioner :Mr.PR.Boomeerajan For R1 :Mr.V.Nirmal Kumar For R2 :Mr.D.Sadiq Raja Additional Government Pleader For R3 and R4 :Mr.K.R.Kishore Ram *****

O R D E R

The petitioner is before this Court seeking issuance of a Writ of Mandamus forbearing respondents 3 and 4 from constructing any building or carrying out renovation work in Survey Nos.106/9, 106/3B, and 106/3A at Lalgudi, Trichy District.

2. In this regard, the petitioner has already filed a suit in O.S. No. 398 of 2014 against respondents 3 and 4. Moreover, respondents 3 and 4 are private parties, and the question as to whether they are entitled to carry out renovation work involves disputed questions of fact, which cannot be adjudicated in writ jurisdiction under Article 226 of the 2/4

Constitution of India. Further, respondents 3 and 4 do not fall within the definition of "State" under Article 12 of the Constitution of India. Therefore, the writ petition is not maintainable.

3. In view of the above, the writ petition stands dismissed, preserving liberty to the petitioner to agitate the claim before the jurisdictional Civil Court.

4. There shall be no order as to costs. Consequently, the connected Miscellaneous Petition is closed.

Index :Yes / No 17.04.2026 Internet :Yes / No NCC :Yes / No cmr To 1.The Commissioner, Municipality Corporation, Trichy.

2.The Member Secretary, Local Planning Authority, Trichy.

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HEMANT CHANDANGOUDAR, J.

cmr 17.04.2026 4/4