Madras High Court
Srinagar 1 Kudiyiruppor Nala Sangam vs Tirupur Consumer Welfare Progressive ... on 20 November, 2025
WMP No. 50719 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20-11-2025
CORAM
THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN
WMP No. 50719 of 2025
IN
WP NO. 39261 OF 2025
1. Srinagar 1 Kudiyiruppor Nala Sangam
Rep. By Its President,
Mr.K.Chinnadurai, S/o.M.Karuppusamy,
No.79 Srinagar, 3rd Street, K.Chettipalayam,
Dharapuram Road, Karuvampalayam,
Tiruppur District 641604.
Petitioner(s)
Vs
1. Tirupur Consumer Welfare Progressive Federation,
Rep. By Its President
A. Saravanan,
5/1551, Nehru Nagar, Boyampalayam Pirivu,
Pooluvapatti Post, Tiruppur 641 602
2.The Block Development Officer
(Village Panchayats),
Palladam, Palladam Taluk,
Tiruppur District.
3.The District Collector
Tiruppur,
1/9
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WMP No. 50719 of 2025
Tiruppur District
4.The Assistant Director (Panchayats)
Collectorate Tiruppur,
Tiruppur District.
5.The Thasildar
Palladam, Palladam Taluk , Tiruppur District
Respondent(s)
PRAYER To grant leave to the petitioner / 3rd party herein to file a petition to
recall the order dated 04.11.2025 passed by this Honble Court in WP.No.39261
of 2025.
For Petitioner(s): A.Jagadeeswari
K.J.Sakthi Shanmugha Priya
S.Iyyappan
B.Sruti
R.K.Varshini
For Respondent: Mr.D.Selvaraju (R1)
Mr.U.M.Ravichandran(SGP)(R2)
Mr.L.S.M.Hasan Fizal, AGP
for Ms.C.Meera Arumugham, AGP
-(RR3 to 5)
ORDER
Heard Mr.G.Karthikeyan, learned Senior Counsel for
M/s.A.Jagadeeswari, learned counsel for the petitioner, Mr.D.Selvaraju, for the
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1st respondent/ writ petitioner, Mr.U.M.Ravichandran, learned Special
Government Pleader for the 2nd respondent, Mr.L.S.M.Hasan Fizal, learned
Additional Government Pleader for Mrs.C.Meera Arumugham, learned
Additional Government Pleader for the 3rd to 5th respondents.
2.The petitioner /1st respondent herein came forward with a writ petition
seeking for a direction to take immediate action on their representation dated
29.07.2025 to prevent any construction being carried on without any authority
by the private parties in the Open Space Reservation(OSR) for the public in
Survey Nos. 485/1A2, 485/1B2 & 485/2A of Karaipudhur Village, Palladam
Taluk, Tiruppur District.
3.The petitioner alleged that the aforesaid survey numbers are Open
Space Reservation(OSR) in the layout, that had been developed at Karaipudhur
Village. The grievance of the petitioner was that some villagers are getting
together and constructing a Temple in the OSR land. Following the declaration
of law in Association of Vasanth Apartments Owners -vs- V.Gopinath and
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others reported in 2023 SCC OnLine SC 137, I held that the OSR land cannot
be converted for any use including one for construction of Temple.
Consequently, I directed the demolition of the structure that has been
constructed over the OSR land. I called upon the respondents to ensure for
compliance the order.
4.Mr.G.Karthikeyan, learned Senior Counsel appearing for the petitioner
mentioned that the construction in Open Space Reservation(OSR) is not
prohibited and that all the residents in the layout wanted a small temple to be
constructed in the OSR land. He pointed out that the Temple is not encroaching
upon the entire OSR land but only over 7 cents. He also submitted that on
account of the order dated 04.11.2025, the respondents have collected on the
site in order to pull down the superstructure raised.
5. Taken note of the submissions, I requested Mr. G.Karthikeyan to
ensure the papers in this petition are served on Mr. U.M.Ravichandiran and
Mr. D.Selvaraju.
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6. I heard all parties and perused the records.
7. Though the petitioner seeks to recall the order passed by this Court on
04.11.2025, I pointed out Mr. G.Karthikeyan that I have merely applied the
judgment of Association of Vasanth Apartments Owners -vs- V.Gopinath and
others reported in 2023 SCC OnLine SC 137 which has held that the OSR land
has to be maintained as it is and it cannot be used for any use.
8. Mr.G.Karthikeyan states that he wants to challenge the order passed by
this Court before the Supreme Court by way of Special Leave Petition.
9. Any litigant has a right to prefer an appeal to the Supreme Court from
orders of this Court. So does the petitioner. If the order of this Court dated
04.11.2025 is implemented, the purpose of filing an appeal would be rendered
otiose. Hence, I am of the view of that the petitioner should be permitted to
exhaust his remedy to test my order before the Supreme Court.
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10. Hence, four weeks time is granted to the petitioner to move the
Supreme Court to challenge the order dated 04.11.2025, on the filing of an
undertaking affidavit before this Court by Monday, i.e., 24.11.2025 to the effect
that in case the order is confirmed by the Supreme Court in the Special Leave
Petition preferred, the petitioner on his own accord will remove the
superstructure raised at his cost.
11. Mr.G.Karthikeyan is willing for filing such an undertaking. The
respondents shall not demolish the superstructure for a period of four weeks
from today. The petitioner shall also not make any further constructions in the
area. In case the undertaking affidavit is not filed by Monday, 24.11.2025, the
respondents are free to proceed. The undertaking affidavit must be filed in the
Registry after due service on Mr. U.M.Ravichandiran and Mr. D.Selvaraju.
12. This writ miscellaneous petition is disposed of. No costs.
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20-11-2025
Index:Yes/No
Speaking/Non-speaking order
Internet:Yes
Neutral Citation:Yes/No
Maya
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V. LAKSHMINARAYANAN, J.
Maya
To
1.Tirupur Consumer
Welfare Progressive Federation, Rep.
By Its President A. Saravanan, 5/1551
Nehru Nagar, Boyampalayam Pirivu,
Pooluvapatti Post, Tiruppur 641 602
2.The Block Development Officer
(village Panchayats), Palladam,
Palladam Taluk, Tiruppur District
3.The District Collector
Tiruppur , Tiruppur District
4.The Assistant Director (panchayats)
Collectorate Tiruppur , Tiruppur
District
5.The Thasildar
Palladam, Palladam Taluk , Tiruppur
District
IN WP NO. 39261 OF
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Dated : 20-11-2025
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