S.Anbazhagan v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.10.2025

CORAM:

THE HONOURABLE MR.MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE and THE HONOURABLE MS.JUSTICE R.POORNIMA and W.M.P.(MD) No.

22300 of 2025 S.Anbazhagan No.12/5, Chinna Chetti Street, Woraiyur, Tiruchirappalli 620 003.

... Petitioner Vs.

1. The Commissioner

2. The Assistant Commissioner, K.Abishekapuram Zone, Vayalur Main Road, Puthur Tiruchirapalli 620 017.

3. The Chief Engineer,

4. A. Tamilarasi, W/o Arumuga Thevar, No.67, Keela Sarayapattarai Street, Woraiyur, Tiruchirapalli - 620 003.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus directing the respondent 1 to 3 to prevent the unauthorized and illegal construction in New Ward 'M', Block No.8, T.S.No. 33/2, situated at Chinna Chettai Street, Woraiyur, Tiruchirappalli and Consequently demolish the unauthorised construction put up by the 4th respondent by considering the representation dated 26.09.2025. For Petitioner :

Mr.P. Arun Jayatram For Respondents :

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O R D E R

[Order of the Court was made by The Hon'ble CHIEF JUSTICE] The petitioner has made a representation dated 26.09.2025 to the official respondents alleging that by violating the building permission, while raising construction, the fourth respondent is damaging the cement road, the common lane and the drainage water pipe.

2. The allegation, if not already enquired, is required to be duly enquiried by the third respondent, by conducting a spot inspection/survey. If it is found that the alleged illegallity in construction by the fourth respondent is affecting the public pathway, road or public drainage system, appropriate action is required to be taken. The enquiry shall be concluded within a period of three months from the date of receipt of a copy of this order and after giving an opportunity of hearing to the fourth respondent.

3. Writ Petition is, accordingly, disposed of. There shall be no

order as to costs. Consequently, connected interim applications are closed.

[MANINDRA MOHAN SHRIVASTAVA, C.J.] [R.POORNIMA, J.] 13.10.2025 NCC : Yes / No Index : Yes / No RM

To:

1. The Commissioner

2. The Assistant Commissioner, K.Abishekapuram Zone, Vayalur Main Road, Puthur Tiruchirapalli 620 017

3. The Chief Engineer,

THE HON'BLE CHIEF JUSTICE and R.POORNIMA , J.

RM and W.M.P.(MD) No.22300 of 2025 13.10.2025