[Cites 2, Cited by 0]
Madras High Court
B.Mathivanan vs The Commissioner Of Town & Country ... on 11 March, 2026
W.P.No.9006 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.03.2026
CORAM :
THE HONOURABLE MR. SUSHRUT ARVIND DHARMADHIKARI,
CHIEF JUSTICE
AND
THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN
W.P.No.9006 of 2026
B.Mathivanan
S/o. T.M.Balasubramaniam
16, Bankers Colony
Rajakavundanpalayam
Suriyampalayam Post
Thiruchengodu-637 209.
Petitioner(s)
Vs
1. The Commissioner of Town & Country Planning
O/o. The Commissioner of Town & Country Planning
2nd, 3rd and 4th Floor, C & E Market Road
Koyambedu, Chennai-600 107.
2. The District Collector
Namakkal District
Namakkal.
3. The Deputy Commissioner of Town Planning
O/o. The Deputy Commissioner of Town Planning
Salem-6436005.
4. The Municipal Commissioner
Thiruchengodu
Namakkal District.
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W.P.No.9006 of 2026
5. T.R.A. Rajagopal
L 144 B, 4th Main Road
Kootappalli Colony
Thiruchengodu-637214.
6. T.R.A.Sankaranarayanan
D.No.241, Annamar Nagar
Modakkurichi Post
Pin 638104, Erode Taluk.
7. T.R.A. Veeramani
D.No.2840, AKE Street, No.3
Gandhinagar, Thiruchengodu Town
Namakkal.
Respondent(s)
Prayer : Petition filed under Article 226 of the Constitution of India
seeking a writ of Mandamus directing the 4th respondent to demolish
the illegal and unauthorized construction put up in the land measuring
221 sq.ft., comprised in Natham S.No.96/1C and whose field No. is 73,
and T.S.L.R. No. is 6074 situated in New Ward No.D, block No.8, SSD
Main Road, Old No.60 and new No.144 in Thiruchengodu Village and
Namakkal District.
For Petitioner(s): Mr.SP.Chockalingam
For Respondent(s): Mr.E.Vijay Anand
Addl. Govt. Pleader for R1 to R3
Mr.M.Rajamathivanan
Standing Counsel for R4
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W.P.No.9006 of 2026
ORDER
(Order of the Court was made by
the Hon'ble Chief Justice)
The present writ petition is filed under Article 226 of the
Constitution of India, by way of public interest litigation, seeking a
direction to the 4th respondent to demolish the illegal and
unauthorized construction put up in the land measuring 221 sq.ft.,
comprised in Natham S.No.96/1C and whose field No. is 73, and
T.S.L.R. No. is 6074 situated in New Ward No.D, Block No.8, SSD Main
Road, Old No.60 and New No.144 in Thiruchengodu Village and
Namakkal District.
2. Learned counsel for fourth respondent, on instructions,
submitted that in 2019 itself, action was taken by locking and
sealing the premises. Thereafter, being aggrieved, private
respondents had filed an appeal under Section 80A of the Tamil
Nadu Town and Country Planning Act, 1971, wherein, order was
passed to de-seal the premises and to rectify the defects. However,
on 14.07.2025, the premises has been re-sealed since no
rectification was done.
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3. We are of the opinion that the present writ petition is
absolutely misconceived. Therefore, the same cannot be
entertained. Accordingly, it is dismissed. There shall be no order as
to costs.
(SUSHRUT ARVIND DHARMADHIKARI,CJ) (G.ARUL MURUGAN,J)
11.03.2026
Index : Yes/No
Neutral Citation : Yes/No
kpl
To
1. The Commissioner of Town & Country Planning
O/o. The Commissioner of Town & Country Planning
2nd, 3rd and 4th Floor, C & E Market Road
Koyambedu, Chennai-600 107.
2. The District Collector
Namakkal District, Namakkal.
3. The Deputy Commissioner of Town Planning
O/o. The Deputy Commissioner of Town Planning
Salem-6436005.
4. The Municipal Commissioner
Thiruchengodu, Namakkal District.
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THE HON'BLE CHIEF JUSTICE
AND
G.ARUL MURUGAN,J.
(kpl)
11.03.2026
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