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2025 DAILYLAW 88787 (MAD)

C.M.MOTHIRAJ v. STATE OF TAMIL NADU

WP/31954/2025 · 2025-08-28

Sunder Mohan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.No.31954 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28.08.2025 CORAM : THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE SUNDER MOHAN W.P.No.31954 of 2025 C.M.Mothiraj Social Worker, D-4, 4th Floor, Nakshatra Apartments, Police Kandasamy Street, Puliyakulam, Coimbatore-641 045 Petitioner Vs 1.State of Tamil Nadu Rep. by its Secretary to Government, Revenue Department, Fort St. George, Chennai-600 009. 2.The Director Town and Country Planning Authority, E&C Market Road, CMDA Office, Koyembedu, Chennai-600 107. 3.The District Collector Coimbatore District, Office of the Collectorate, Coimbatore-641 018. ____________ https://www.mhc.tn.gov.in/judis W.P.No.31954 of 2025 4.The Commissioner Coimbatore Corporation, Bazaar Road, Coimbatore-641 001. 5.The Member Secretary and Joint Director, Coimbatore Town and Country Planning Authority, District Town Planning Office, FCI Road, Ganapathy, Coimbatore-641 004. 6.The Executive Engineer Public Works Department, Bhavani Sagar, Tamil Nadu-638 451 7.The Tahsildar South Coimbatore, O/o.Tahsildar, KG Hospital Back Side, Coimbatore-641 018. 8.Rajendren Managing Director, Raj Shruthi Constructions, RL 9 Shruthi Enclave, Dhanalakshmipuram, Coimbatore-641 005. 9.J.Sridevi No.6/2, Sridevi Nagar, Ganapathy, Coimbatore-641 066 ____________ https://www.mhc.tn.gov.in/judis W.P.No.31954 of 2025 10.Shruthi Enclave Welfare Association, (Registration No.084/2007) Rep. by its President P.Suresh, Dhanalakshmi Puram, Singanallur Post, Coimbatore 641 005. Respondents PRAYER : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents 3 to 7 to remove the encroachments made by respondents 8 to 10 in water body land classified as Vaikkal Poramboke situated in Survey Nos.535, 540/1, 555/1, 539/2 and 550/2 in Upplipalayam Village, Coimbatore District on the basis of the petitioner's representation dated 16.05.2025 and subsequent representation dated 16.07.2025 within a time limit as directed by this Honourable Court. For Petitioner: Mr.S.Venkatesh For Respondents: M.K.Karthick Jagannath Government Advocate for respondent Nos.1 to 3, 5 to 7 Mr.D.R.Arunkumar Standing Counsel for respondent No.4 ____________ https://www.mhc.tn.gov.in/judis W.P.No.31954 of 2025 ORDER (Order of the Court was made by the Hon'ble Chief Justice) Heard. 2. On the allegation of encroachment by respondent Nos.8 to 10 on the waterbody, classified as Vaikkal poramboke, situated in Survey Nos.535, 540/1, 555/1, 539/2 and 550/2 in Upplipalayam Village, Coimbatore District, this petition has been filed. We find that a representation was made on 16.5.2025. 3. Learned State counsel, on instructions, would submit that there is a writ petition filed before this Court by respondent No.10 challenging cancellation of permission to construct culvert, wherein the issue raised in this PIL is involved. 4. Considering that the issue regarding the alleged encroachment is under consideration in the pending writ petition, we are not inclined to examine it independently in a PIL. ____________ https://www.mhc.tn.gov.in/judis W.P.No.31954 of 2025 5. Petition is dismissed. There shall be no order as to costs. (MANINDRA MOHAN SHRIVASTAVA, CJ) (SUNDER MOHAN,J) 28.08.2025 Index : Yes/No Neutral Citation : Yes/No bbr To: 1.The Secretary to Government, State of Tamil Nadu Revenue Department, Fort St. George, Chennai-600 009. 2.The Director Town and Country Planning Authority, E&C Market Road, CMDA Office, Koyembedu, Chennai-600 107. 3.The District Collector Coimbatore District, Office of the Collectorate, Coimbatore-641 018. 4.The Commissioner Coimbatore Corporation, Bazaar Road, Coimbatore-641 001. ____________ https://www.mhc.tn.gov.in/judis W.P.No.31954 of 2025 5.The Member Secretary and Joint Director, Coimbatore Town and Country Planning Authority, District Town Planning Office, FCI Road, Ganapathy, Coimbatore-641 004. 6.The Executive Engineer Public Works Department, Bhavani Sagar, Tamil Nadu-638 451 7.The Tahsildar South Coimbatore, O/o.Tahsildar, KG Hospital Back Side, Coimbatore-641 018. ____________ https://www.mhc.tn.gov.in/judis W.P.No.31954 of 2025 THE HON'BLE CHIEF JUSTICE AND SUNDER MOHAN,J. bbr W.P.No.31954 of 2025 28.08.2025 ____________ https://www.mhc.tn.gov.in/judis