S.Sathish Kumar Vs the Commissioner — Madras HC (2026) — LawSathi Research

S.Sathish Kumar Vs the Commissioner — Madras HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with a direction to the Corporation authorities to coordinate with the revenue authorities and initiate appropriate enforcement action for removal of encroachments per the relevant procedures, with opportunity to the parties, expeditiously; no costs; connected miscellaneous petition (WMP No. 14487 of 2024) closed.

Issue for consideration

Whether respondents 1 to 3 may be directed to remove the encroachments made by respondents 5 to 11 obstructing the passage and free flow of water through the water channel to T.S.Nos.6/4 (Old S.No.230) and T.S.No.5/2 (Old S.No.231/2), Anupparpalayam Village, Coimbatore North Taluk, acting on the petitioner's pending representations.

Court's answer

The Court directed the Corporation authorities to coordinate with the revenue authorities and initiate all appropriate enforcement action for removal of the encroachments by following the procedures contemplated under the relevant statutes and rules (as spelled 'statues' in the judgment), affording opportunity to the parties, as expeditiously as possible.

Detailed headnote1 paragraphs

Madras High Court (S.M. Subramaniam J., author; K. Surender J.) disposed of W.P. No. 26067 of 2023 on 11-03-2026. The petitioner, S. Sathish Kumar, sought removal of encroachments by private respondents 5 to 11 obstructing the passage and free flow of water through a water channel to T.S.Nos.6/4 (Old S.No.230) and T.S.No.5/2 (Old S.No.231/2), Anupparpalayam Village, Coimbatore North Taluk, pursuant to his representations dated 09.01.2023 and 20.02.2023, which the Tahsildar forwarded to the Assistant Commissioner by letter dated 30.01.2023 (Rc.No.2646/2021/A5). Recording that the authorities' inspection had identified the encroachments and the Tahsildar's written instruction that the revenue authorities will cooperate (a portion of the property belonging to Coimbatore Corporation), the Court directed the Corporation authorities to coordinate with the revenue authorities and initiate all appropriate enforcement action for removal of encroachments following the procedures under the relevant statutes and rules, affording opportunity to the parties, as expeditiously as possible. Petition disposed of; no costs; connected WMP No. 14487 of 2024 closed.

WP No. 26067 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11-03-2026

CORAM

THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM

AND

THE HON'BLE MR.JUSTICE K. SURENDER

WP No. 26067 of 2023 AND WMP NO. 14487 OF 2024

S.Sathish Kumar

S/o.Sarangapani, R.S.No.230, Gopalan Garden, Karumbukadai, Coimbatore-641 001.

..Petitioner(s)

Vs

The Commissioner Coimbatore City Municipal Corporation, Coimbatore-641 001.

The Assistant Commissioner, Central Zone, Coimbatore City Municipal Corporation, Coimbatore-641 001.

The Tahsildar, Coimbatore North Taluk, Coimbatore-641 018.

Joseph, S/o.C.K.Thomas, S.F. No.232/2, Naniyar Nagar, Karumbukadai, Coimbatore-641 001

Raju S/o.C.K.Thomas, S.F. No.232/2, Naniyar Nagar, Karumbukadai, Coimbatore-641 001

K.N.Damodaran, S/o.C.K.Thomas, S.F. No.232/2, Naniyar Nagar, Karumbukadai, Coimbatore-641 001

Kochappo, S/o.Thomas, S.F. No.228/1, Naniyar Nagar, Karumbukadai, Coimbatore-641 001

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WP No. 26067 of 2023

Thomas

S/o.Thomas, S.F. No.228/1, Naniyar Nagar, Karumbukadai, Coimbatore-641 001

Johnson

S/o.Thomas, S.F. No.228/1, Naniyar Nagar, Karumbukadai, Coimbatore-641 001

Kande Chaju S/o.Thomas, S.F. No.228/1, Naniyar Nagar, Karumbukadai, Coimbatore-641 001

Abdul Rahman S/o.Ismath Bai, No.83, Royal Nagar, Saramedu Main Road, Karumbukadai, Coimbatore-641 001.

..Respondent(s)

To direct the respondents 1 to 3 herein to remove all the encroachments made by the respondents 5 to 11 obstructing the passage and free flow of water through the water channel to the T.S.Nos.6/4 (Old S.No.230) and T.S.No.5/2(Old S.No.231/2) in Anupparpalayam Village in Coimbatore North Taluk and Coimbatore District, by considering the representations dated 09.01.2023 and 20.02.2023 and forwarded by the third respondent to the second respondent by his letter dated 30.01.2023 in his Rc.No.2646/ 2021/ A5 within a time frame as may be fixed by this Honourable Court.

WP No. 26067 of 2023

For Petitioner(s): Mrs.Elizabeth Ravi For Respondent(s): Mr.N.Umapathi, Standing Counsel for R1 & R2 Mr.M.S.Prekumar, Govt.Advocate for R3 Mr.S.Saravanakumar for R11 Not ready in notice-R4 to R10'

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WP No. 26067 of 2023

Order

(Order of the Court was made by S.M.Subramaniam J.)

Learned counsel for the petitioner would submit that the authorities conducted inspection and identified the encroachments.

Learned Additional Government Pleader furnished a copy of the

written instruction given by the Tahsildar, Coimbatore North Taluk, Coimbatore, which would also show that the revenue authorities will cooperative for removal of encroachments, since during investigation, it is found that a portion of the property belongs to Coimbatore Corporation.

The Corporation authorities are directed to coordinate with the revenue authorities and initiate all appropriate enforcement action for removal of encroachments by following the procedures as contemplated under the relevant statues and rules and by affording opportunity to the parties as expeditiously as possible.

With the above directions, the Writ Petition stands disposed of. No

costs. Consequently, connected miscellaneous petition is closed.

(S.M.S.,J.) (K.S.,J.) 11-03-2026

Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No

VSI

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WP No. 26067 of 2023

To

The Commissioner Coimbatore City Municipal Corporation, Coimbatore-641 001.

The Assistant Commissioner, Central Zone, Coimbatore City Municipal Corporation, Coimbatore-641 001.

The Tahsildar, Coimbatore North Taluk, Coimbatore-641 018.

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WP No. 26067 of 2023

S.M.SUBRAMANIAM J. AND K.SURENDER J.

VSI

WP No. 26067 of 2023 AND WMP NO. 14487 OF 2024

11-03-2026

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