[Cites 1, Cited by 0]
Madras High Court
S.Thomas Florance vs The Commissioner on 9 March, 2026
W.P.No.8550 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.03.2026
CORAM :
THE HONOURABLE MR. SUSHRUT ARVIND DHARMADHIKARI,
CHIEF JUSTICE
AND
THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN
WP No.8550 of 2026
and WMP No.9242 of 2026
S.Thomas Florance
S/o. Selvaraj,
No.42A, Holy Family House,
GK. Square, Kuruchi, Sundarapuram,
Coimbatore South,
Coimbatore-641 024.
Petitioner(s)
Vs
1. The Commissioner
Coimbatore Corporation,
Coimbatore.
2. The Assistant Commissioner
South Zone, Coimbatore Corporation,
Coimbatore-641 018.
3. The Assistant Town Planning Officer
South Zone, Kuniyamuthur,
Coimbatore-641 008.
______________
Page 1 of 6
https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/03/2026 05:01:18 pm )
W.P.No.8550 of 2026
4. Brigit Albhonse
W/o. Christopher Vedhanayagam,
No.20, G.K. Square, Kuruchi,
Sundarapuram, Coimbatore-641 024.
5. Christopher Vedhanayagam,
S/o. Michael Samy,
No.20, G.K. Square, Kuruchi,
Sundarapuram, Coimbatore-641 024.
Respondent(s)
PRAYER: Petition filed under Article 226 of the Constitution of India
seeking issuance of a writ of mandamus directing respondents 1 to
3 to take immediate action against the unauthorised, illegal, and
unlawful construction put up by respondents 4 and 5 measuring an
extent of 950 sq. ft. at Plot No.3, Western Portion in S.F. No.129,
G.K. Square, Kuruchi, Coimbatore District, by considering the
petitioner’s representations dated 02.09.2025, 30.10.2025 and
24.11.2025 in accordance with law within a time frame.
For Petitioner(s): Mr.M.Ganesh
For Respondent: Mr.N.Umapathi
Standing Counsel
for R1 to R3
ORDER
(Order of the Court was made by the Hon'ble Chief Justice)
The petitioner has filed this writ petition seeking issuance of a
writ of mandamus to direct respondent Nos.1 to 3 to take
immediate action against the unauthorised, illegal, and unlawful
construction put up by respondents 4 and 5 measuring an extent of
______________
https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/03/2026 05:01:18 pm )
950 sq. ft. at Plot No.3, Western Portion in S.F. No.129, G.K.
Square, Kuruchi, Coimbatore District, by considering the petitioner’s
representations dated 02.09.2025, 30.10.2025 and 24.11.2025.
2. It is submitted by learned counsel for the petitioner that
respondent Nos.4 and 5 have put up unauthorised construction in
contravention of the building plan permission and by encroaching
upon the petitioner’s land as well as public road. It is further
submitted that, while putting up the said construction, the private
respondents have damaged the pipeline connection of the
petitioner. In this regard, though representations were sent to the
respondent authorities on 02.09.2025, 30.10.2025 and 24.11.2025,
no action has been taken till date.
3. Whether or not the private respondents have encroached
upon the land of the petitioner can be determined only based on
evidence to be led by the parties. Such disputed questions of fact
cannot be redressed by invoking writ jurisdiction. That apart, it is
not in dispute that seeking identical relief the petitioner has already
filed a civil suit before the District Munsif Court, Mudukkarai,
______________
https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/03/2026 05:01:18 pm )
Coimbatore. Once the petitioner has filed a civil suit seeking
identical relief, he cannot initiate parallel proceedings by knocking
the doors of this court seeking invocation of discretionary
jurisdiction under Article 226 of the Constitution of India.
4. In such view of the matter, the writ petition is dismissed
with liberty to pursue the suit before the civil court. There shall be
no order as to costs. Consequently, interim application stands
closed.
We make it clear that we have not made any observation on
the merits of the matter. The civil court shall decide the suit on
merits, uninfluenced by any observations made in this order.
(SUSHRUT ARVIND DHARMADHIKARI,CJ) (G.ARUL MURUGAN,J)
09.03.2026
Index : Yes/No
Neutral Citation : Yes/No
sasi
______________
https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/03/2026 05:01:18 pm )
To:
1. The Commissioner
Coimbatore Corporation,
Coimbatore.
2. The Assistant Commissioner
South Zone, Coimbatore Corporation,
Coimbatore-641 018.
3. The Assistant Town Planning Officer
South Zone, Kuniyamuthur,
Coimbatore-641 008.
______________
https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/03/2026 05:01:18 pm )
THE HON'BLE CHIEF JUSTICE
AND
G.ARUL MURUGAN,J.
(sasi)
09.03.2026
______________
https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/03/2026 05:01:18 pm )
