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K.Balasubramaniam v. The District Collector

Madras HC6 May 2026WP/16068/2026

Case brief

AI extract

What is this about?

Madras High Court disposed of a writ petition seeking mandamus to stop erection of an overhead water tank near the petitioner's Plot No.66 (Survey No.404/1A), Annur Town Panchayat, Coimbatore; merits not adjudicated; Executive Officer directed to consider the petitioner's 02.04.2026 representation and pass final orders within 4 weeks; no costs; connected WMP No.17305 of 2026 closed.

What did the court decide?

Writ petition disposed of without costs; third respondent directed to consider the petitioner's representation dated 02.04.2026 and pass final orders on its own merits within four (4) weeks of receipt of a copy of the order; connected miscellaneous petition (WMP No.17305 of 2026) closed. Mandamus against erection of the overhead water tank was not granted on the merits, which were left open. ¶29

K.Balasubramaniam Vs The District Collector — Madras HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether a writ of mandamus should be issued forbearing the respondents from erecting the overhead water tank near the petitioner's property (Plot No.66, Survey No.404/1A, Annur Village, Annur Town Panchayat, Coimbatore District), and how the petitioner's unconsidered representation dated 02.04.2026 should be dealt with.

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Court's answer

Without expressing any opinion on the merits of the case, the Court directed the third respondent (Executive Officer, Annur Town Panchayat) to consider the petitioner's representation dated 02.04.2026 and pass final orders on its own merits within a period of four (4) weeks from the date of receipt of a copy of the order.

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Detailed headnote1 paragraphs

MADRAS HIGH COURT (S. Sounthar, J.) — WP No.16068 of 2026, decided 06-05-2026: Petitioner, owner of Plot No.66 in Survey No.404/1A, Annur Village, Annur Town Panchayat (Coimbatore District), sought a mandamus forbearing the District Collector, Thasildhar (Annur Taluk) and Executive Officer, Annur Town Panchayat from erecting an overhead water tank adjacent to his plot, alleging safety risk and permanent damage to his property; his representation dated 02.04.2026 had gone unconsidered. Without expressing any opinion on the merits, the Court accepted the Special Government Pleader's undertaking and directed the third respondent to consider the representation and pass final orders on its own merits within four weeks of receipt of a copy of the order; the writ petition was disposed of with no costs and the connected miscellaneous petition closed.

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WP No. 16068 of 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 06-05-2026

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CORAM

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THE HON'BLE MR.JUSTICE S. SOUNTHAR

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WP No. 16068 of 2026 AND WMP NO. 17305 OF 2026

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K.Balasubramaniam, S/o. Kumarasamy Gounder, 102, Anbu Nagar, A. Kumarapalayam, Annur (Taluk), Coimbatore -641 653

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..Petitioner(s)

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The District Collector, Collectorate, Coimbatore.

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The Thasildhar, Annur Taluk, Coimbatore.

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The Executive Officer, Annur Town Panchayat, Annur, Coimbatore.

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..Respondent(s)

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PRAYER: This petition has been filed seeking for issuance of a mandamus, to forbear the respondents 1 to 3 from erecting the overhead water tank nearest to the petitioner’s property, bearing Plot No.66, comprised in Survey No.404/1A, Annur Village, Annur Town Panchayat, Coimbatore District and consequently direct them to erect overhead water tank in an alternative place in Annur Village, Annur Town Panchayat, Coimbatore District based on the petitioner’s

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Page1 of 5

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https://www.mhc.tn.gov.in/judis

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WP No. 16068 of 2026

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representation dated 02.04.2026.

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For Petitioner(s): Mr.M.Saravanakumar For Respondent(s): Mr.P.Balathandayutham, Spl.G.P

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ORDER

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This petition has been filed seeking issuance of a writ of mandamus, forbearing the respondents from erecting the overhead water tank near to the petitioner’s property, bearing Plot No.66, comprised in Survey No.404/1A, Annur Village, Annur Town Panchayat, Coimbatore District.

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It is the case of the petitioner that he is the owner of the property situated in Plot no.66 in S.No.404/1A, Annur Town Panchayat, Annur Village. The respondent constructed a overhead water tank in the adjacent property without maintaining proper distance from the property of the petitioner. The proposed construction would cause serious safety risk and permanent damage to the petitioner’s property. Hence, the petitioner submitted a representation to the first respondent on 02.04.2026, requesting the respondent not to proceed with the illegal construction. The copy of the representation was also marked to other respondents but the same has not been considered. Hence, the petitioner has come before this Court with the above mentioned prayer.

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https://www.mhc.tn.gov.in/judis

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WP No. 16068 of 2026

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3.Mr.P.Balathandayutham, learned Special Government Pleader, who

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takes notice for the respondents submitted that the representation submitted by the petitioner will be considered in accordance with law.

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4.This Court, without expressing any opinion on the merits of the case, directs the third respondent to consider the representation of the petitioner dated 02.04.2026 and pass final orders on its own merits within a period of four(4) weeks from the date of receipt of a copy of this order.

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5.This writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.

06-05-2026

Index: Yes/No

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https://www.mhc.tn.gov.in/judis

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