M.Sukumar(Died) v. The Executive Officer

1 W.P.(MD)NO.4995 OF 2014 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.01.2026

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MRS.JUSTICE R.KALAIMATHI W.P.(MD)No.4995 of 2014

1. M.Sukumar(died)

2. Leelakumari

3. Surendran

4. Mahendran

5. Sankar (P2 to P5 are substituted vide order dated 24.03.2025 in W.M.P.(MD)No.4493 of 2025) ... Petitioners Vs.

1. The Executive Officer, S.Kannanoor Town Panchayat, Tiruchirappalli District.

... 1st Respondent

2. The Joint Commissioner / Executive Officer, Arulmigu Mariamman Thirukoil, Samayapuram, Trichy District.

... 2nd Respondent Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue Writ of Certiorarified Mandamus, to call for the records relating to proceedings dated 13.03.2014 in 1/5

2 W.P.(MD)NO.4995 OF 2014 Na.Ka.No.160/2014 A2 of the respondent and quash the same and consequently direct the respondent to accept and approve the renovation plan to the petitioner's shed and house in S.F.No.97/6A of S.Kannanoor West Village, Manachanaloor Taluk, Trichy District. For Appellant : Mr.AN.Ramanathan For Respondent : Mr.M.Rajarajan for R-1. Mr.K.Govindarajan, Deputy Solicitor General of India for R-2.

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J U D G M E N T

Heard both sides.

2. The writ petitioner applied for building plan permission. It was rejected by the first respondent vide memo dated 13.03.2014. Challenging the same, this writ petition has been filed.

3. The stand taken by the local body is that the site belongs to the local temple. Objection was received from the local temple and that is why, the rejection order came to be passed. The reason set out in the impugned memo reads as follows:- 2/5

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4. We are of the view that the merits of the matter need not be gone into for the present. This is because the objector / temple had already filed O.S.No.13 of 2014 on the file of the I Additional District Judge (PCR), Tiruchirappalli seeking the relief of declaration and recovery of possession. Since the parties concerned have already gone before the jurisdictional civil Court, the matter will abide by the outcome of the said civil suit. Since the suit was instituted by the temple some eight years ago, we direct the learned trial Judge to dispose of the same in accordance with law within a period of nine months from the date of receipt of a copy of this order. This writ 3/5

4 W.P.(MD)NO.4995 OF 2014 petition stands disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.

(G.R.SWAMINATHAN, J.) & (R.KALAIMATHI, J.) 2nd January 2026 NCC : Yes / No Index : Yes / No Internet : Yes / No PMU Note : Registry to mark a copy of this order to the learned trial Court.

To:

The I Additional District Judge (PCR), Tiruchirappalli 4/5

5 W.P.(MD)NO.4995 OF 2014 G.R.SWAMINATHAN, J.

AND R.KALAIMATHI, J.

PMU W.P.(MD)No.4995 of 2014 02.01.2026 5/5

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