[Cites 4, Cited by 0]
Madras High Court
D.Raja Durai vs The District Collector on 15 April, 2026
W.P.No.13405 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.04.2026
CORAM :
THE HONOURABLE MR. SUSHRUT ARVIND DHARMADHIKARI,
CHIEF JUSTICE
AND
THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN
W.P.No.13405 of 2026
D.Raja Durai
S/o.Dhana Singh,
C-487, Phase II, Kurichi Housing Unit,
Industrial Estate Post,
Coimbatore 641 021
Petitioner
Vs
1.The District Collector
Coimbatore District,
Coimbatore
2.The Commissioner
Corporation of Coimbatore,
Corporation Office,
Coimbatore 641 001
3.The Director
Directorate of Town and Country
Planning,
2nd, 3rd and 4th Floor,
C & E Market Road,
Koyambedu,
Chennai-600 107
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W.P.No.13405 of 2026
4.The Deputy director
Directorate of Town and Country
Planning,
Coimbatore Region,
No.50, First & Second Floor,
FCI Road, Gandhi Town,
Ganapathy, Coimbatore 641 004
5.The Secretary
Kurichi Pudu Nagar Development
Authority,
District Urban Development Office
No.50, Ground and First Floor,
FCI Road, Gandhi Town,
Ganapathy, Coimbatore 641 004
6.The SIDCO Branch Manager
SIDCO Industrial Estate,
Kurichi Village, Madukkarai Taluk,
Coimbatore 641 021
7.The Executive Engineer and
Administrative Officer
TNHB Office Complex,
HUDCO Colony, Peelamedu,
Coimbatore 641 012
8.The Commissioner
Hindu Religious and Charitable
Endowments Department,
No.119, Uthamar Gandhi Road,
Nungambakkam, Chennai-600 034
9.Sree Sidhi Selva Vinayagar Temple,
Rep. by its President,
Opp. to Door No. 339,
Kurichi Housing Unit,
Industrial Estate Post,
Coimbatore 641 201
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W.P.No.13405 of 2026
10.Sree Dharma Shashtha Temple
Rep. by its President,
Kurichi Housing Unit II,
Industrial Estate Post,
Coimbatore 641 021
11.WAR Association
Rep. by its President,
Opp. to Door No. 339,
Kurichi Housing Unit II,
Industrial Estate Post,
Coimbatore 641 201
12.Sree Varasidhi Vinayagar Thirukoil
Vazhipattu Mandram
Rep. by its President,
Kurichi Housing Unit Phase I
Extension,
SIDCO Industrial Estate,
Coimbatore 641 021
Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India
seeking issuance of a writ of mandamus directing the respondents to
demolish the unauthorised constructions made in the area reserved for
the purpose of nursery school, parking area, parks, playgrounds and
public spaces and restore the Open Space Reserved (OSR) lands in
Phase II in Kurichi Housing Unit, SIDCO, Coimbatore.
For Petitioner: Mr.P.Suresh Babu
For Respondent: Ms.Akila Rajendran
Government Advocate
for R1, R3 to R5
Mr.N.Velmurugan
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W.P.No.13405 of 2026
Standing Counsel for R2
Mr.N.R.R.Arun Natarajan
Spl. G.P. (HR & CE) for R8
ORDER
(Order of the Court was made by the Hon'ble Chief Justice)
Heard on admission.
2. This writ petition filed under Article 226 of the Constitution of
India seeks a direction to the respondents to demolish the
unauthorised constructions made in the area reserved for the purpose
of nursery school, parking area, parks, playgrounds and public spaces
and restore the OSR lands in Phase II in Kurichi Housing Unit, SIDCO,
Coimbatore.
3. Learned counsel for the petitioner submitted that several
illegal encroachments and unauthorised constructions have been made
on the OSR land, which was originally earmarked by the Government
for the purposes of nursery school, parking area, parks and
playgrounds etc. in Phase II of Kurichi Housing Unit. He would submit
that despite this Court’s order in W.P.No.10516 of 2017, dated
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26.4.2017, the construction activities of temples continued and were
ultimately completed by respondent No.12. As the respondent
authorities have failed to remove the illegal constructions in the OSR
land, the petitioner has filed the present writ petition.
4. Learned Special Government Pleader (HR & CE) appearing for
respondent No.8 has pointed out that earlier an identical prayer was
made by the petitioner in W.P.No.10516 of 2017 and, vide order dated
26.4.2017, the said writ petition was disposed of directing the fourth
respondent therein to cause an inspection of the site i.e., Phase II in
Kurichi Housing Unit, SIDCO, Coimbatore within a fortnight from the
date of receipt of a copy of the order and, if constructions are found to
be in violation of the sanctioned plan or if it is unauthorised in any
other manner, the respondents shall take action in accordance with
law, after giving notice to all concerned, and conclude the proceedings
within a period of two months thereafter.
5. Learned counsel for respondent No.8 further submitted that
alleging non-compliance of the order dated 26.4.2017, Contempt
Petition No.890 of 2022 was filed and the same was closed by this
Court observing that the respondents have not committed any willful
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disobedience. In the said order, it has also been stated that if any
other grievance exists, the petitioner is at liberty to workout his
remedy in the manner known to law. According to learned counsel for
respondent No.8, the petitioner has filed the present writ petition for
the same relief as prayed for in W.P.No.10516 of 2017.
6. On a perusal of the prayers made in W.P.No.10516 of 2017
and the present writ petition, we are of the view that both are identical
in nature. The present writ petition is, therefore, hit by the principle of
res judicata. It is well settled proposition in law that principle of res
judicata applies to writ proceedings, as has been held by the Supreme
Court in Daryao v. State of Uttar Pradesh1; Virudhuttagar Steel Rolling
Mills Limited v. Government of Madras2, and Shankara Co-operative
Housing Society Limited v. M. Prabhakar3. Therefore, we are not
inclined to entertain the present writ petition and the same is liable to
be dismissed.
7. Accordingly, the writ petition is dismissed. There shall be no
order as to costs.
AIR 1961 SC 1457
AIR 1968 SC 1196
(2011) 5 SCC 607
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However, liberty is granted to the petitioner to file appropriate
proceedings in accordance with law.
(SUSHRUT ARVIND DHARMADHIKARI, CJ) (G.ARUL MURUGAN,J)
15.04.2026
Index : Yes/No
Neutral Citation : Yes/No
bbr
To:
1.The District Collector
Coimbatore District,
Coimbatore
2.The Commissioner
Corporation of Coimbatore,
Corporation Office,
Coimbatore 641 001
3.The Director
Directorate of Town and Country
Planning,
2nd, 3rd and 4th Floor,
C & E Market Road,
Koyambedu,
Chennai-600 107
4.The Deputy director
Directorate of Town and Country
Planning,
Coimbatore Region,
No.50, First & Second Floor,
FCI Road, Gandhi Town,
Ganapathy, Coimbatore 641 004
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5.The Secretary
Kurichi Pudu Nagar Development
Authority,
District Urban Development Office
No.50, Ground and First Floor,
FCI Road, Gandhi Town,
Ganapathy, Coimbatore 641 004
6.The SIDCO Branch Manager
SIDCO Industrial Estate,
Kurichi Village, Madukkarai Taluk,
Coimbatore 641 021
7.The Executive Engineer and
Administrative Officer
TNHB Office Complex,
HUDCO Colony, Peelamedu,
Coimbatore 641 012
8.The Commissioner
Hindu Religious and Charitable
Endowments Department,
No.119, Uthamar Gandhi Road,
Nungambakkam, Chennai-600 034
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THE HON'BLE CHIEF JUSTICE
AND
G.ARUL MURUGAN,J.
bbr
15.04.2026
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