Dismissed¶3

Kamini Devi v. the Commissioner

Madras HC2 Feb 2026WP/35239/2025

Case brief

AI extract

What is this about?

Coimbatore Corporation; Section 128 Tamil Nadu Urban Local Bodies Act; notice dated 12.08.2025; Na.Ka.No.3535/2024/H1/C; constructions beyond approved plan; regularisation; encroachment removal; representation dated 30.08.2025; certiorarified mandamus; Article 226; writ petition dismissed with directions; twelve weeks for final decision; High Court cannot adjudicate disputed facts; WMP No. 39453 of 2025; Madras High Court 2026.

What did the court decide?

No relief against the impugned notice; directions only - petitioners may resubmit their regularization documents with explanation to the Commissioner, Coimbatore Corporation, who shall consider them and take a final decision, removing any identified encroachments per the Statute and Rules in force, the whole to be completed within twelve weeks of receipt of a copy of the order. ¶3

Kamini Devi Vs the Commissioner — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

¶3

Issue for consideration

Whether the notice dated 12.08.2025 issued under Section 128 of the Tamil Nadu Urban Local Bodies Act by the Commissioner, Coimbatore Corporation is liable to be quashed by way of certiorari. +1 more

¶Order, opening para (unnumbered in source)

Court's answer

Whether the constructions were regularised involves disputed facts that are to be scrutinised by the competent authority of the Coimbatore Corporation; the High Court cannot adjudicate such disputed facts.

¶2

Ratio / Principle

The petitioner is at liberty to once again submit the regularization documents to the Commissioner, Coimbatore Corporation; on receipt of the documents with the explanation, the Corporation Commissioner is to consider them and thereafter a final decision is to be taken on the issue.

¶2

Key takeaways

If any encroachments are identified, enforcement actions are to be continued and all such encroachments are to be removed by following the procedures as contemplated under the Statute and Rules in force.ratio¶2
The said exercise is directed to be completed within a period of twelve weeks from the date of receipt of a copy of the order.ratio¶2
With the above directions the writ petition stands dismissed, with no costs, and the connected WMP is closed; the impugned notice is not quashed.

Detailed headnote1 paragraphs

Madras High Court (order authored by S.M. Subramaniam J.; bench with C. Kumarappan J.), 02-02-2026, WP No. 35239 of 2025 (connected WMP No. 39453 of 2025): five Coimbatore residents sought certiorarified mandamus under Article 226 to quash a notice dated 12.08.2025 (Na.Ka.No.3535/2024/H1/C) issued by the Commissioner, Coimbatore Corporation under Section 128 of the Tamil Nadu Urban Local Bodies Act, and to have the Corporation first consider their representation dated 30.08.2025 before encroachment removal. Held: disputed questions of alleged regularisation of constructions beyond the approved plan are for the Corporation, not the High Court; the petitioners may submit their documents afresh with explanation, which the Corporation Commissioner must consider before taking a final decision; identified encroachments are to be removed per the Statute and Rules in force; the exercise is to conclude within twelve weeks of receipt of the order. Writ petition dismissed without costs; connected WMP closed. Respondents 1 and 2 unrepresented; respondent 3 appeared through Additional Government Pleader T. Arunkumar.

¶1

2026:MHC:431

¶2

WP No. 35239 of 2025

¶3

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶4

DATED: 02-02-2026

¶5

CORAM

¶6

THE HONOURABLE Mr.JUSTICE S. M. SUBRAMANIAM AND

¶7

THE HONOURABLE Mr.JUSTICE C.KUMARAPPAN

¶8

WP No.35239 of 2025 AND WMP NO.39453 OF 2025

¶9

Kamini Devi W/o. (late). Marimuthu, 67/167, Murugayyan Colony, Arumugam Nagar 2nd Street, Ramanathapuram, Coimbatore 641045.

¶10

2.Muthukrishnan, S/o. K.R.Karuppanasamy, 65, Murugayyan Colony, Arumugam Nagar 2nd Street, Ramanathapuram, Coimbatore 641045.

¶11

3.Lalitha, W/o. (late).Kannan, 66/166 P, Murugayyan Colony, Arumugam Nagar 2nd Street, Ramanathapuram, Coimbatore 641045.

¶12

4.Aruldoss, S/o.Salamon, 64/166 P, Murugayyan Colony, Arumugam Nagar 2nd Street, Ramanathapuram, Coimbatore 641045.

¶13

1/5

¶14

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

¶15

WP No. 35239 of 2025

¶16

5.Nagamani, W/o. (late). Venkatachalam, 66/166 P, Murugayyan Colony, Arumugam Nagar 2nd Street, Ramanathapuram, Coimbatore 641045.

¶17

Petitioner(s)

¶18

¶19

The Commissioner, Office Of The Commissioner, Corporation Of Coimbatore, Coimbatore.

¶20

2.The City Planner, Corporation Of Coimbatore, Coimbatore.

¶21

3.The Assistant Director /Joint Director (Mu.Koo.Po.) Coimbatore District Town And Country Planning Office, Ground Floor And 1st Floor, 50, FCI Road, Gandhimanagar, Ganapathy, Coimbatore 641004

¶22

Respondent(s)

¶23

PRAYER

¶24

Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Certiorarified Mandamus, calling for the entire records pertaining to the Impugned Notice issued by the 1st respondent in Na.Ka.No.3535/2024/H1/C dated 12.08.2025 and consequently direct the 1^st respondent to consider the representation of the petitioners dated 30.08.2025 before initiating the process of removal of encroachment.

¶25

2/5

¶26

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

¶27

WP No. 35239 of 2025

¶28

For Petitioner(s): Mr.N.S.Suganthan For Respondent(s): No Appearance for R1 & R2 Mr.T.Arunkumar, Additional Government Pleader for R3

¶29

ORDER

¶30

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

¶31

Notice issued under Section 128 of the Tamil Nadu Urban Local Bodies Act vide proceedings dated 12.08.2025 by the Commissioner, Coimbatore Corporation is under challenge in the present writ proceedings.

¶32

2.The learned counsel for the petitioner would mainly contend that the constructions made over and above the original approved plan was regularized subsequently and the petitioner has produced all those documents before the competent Authority. However, these facts are to be scrutinised by the competent authority of Coimbatore Corporation. High Court cannot adjudicate the disputed facts. However, the fact remains that notice has been issued. Therefore, the petitioner is at liberty to once again submit all those documents to the Commissioner, Coimbatore Corporation for consideration. On receipt of the said documents along with the explanation, the same may be considered by the Corporation Commissioner and thereafter, final decision is to be taken on

¶33

3/5

¶34

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

¶35

WP No. 35239 of 2025

¶36

the issue. If any encroachments are identified, then enforcement actions are to be continued and all such encroachments are to be removed by following the procedures as contemplated under the Statute and Rules in force. The said exercise is directed to be completed within a period of twelve weeks from the date of receipt of a copy of this order.

¶37

3.With the above directions, this writ petition stands dismissed. No costs. Consequently, connected WMP is also closed.

¶38

(S.M.SUBRAMANIAM J.)(C.KUMARAPPAN J.) 02-02-2026

¶39

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

¶40

1.The Commissioner, Office Of The Commissioner, Corporation Of Coimbatore, Coimbatore.

¶41

2.The City Planner, Corporation Of Coimbatore, Coimbatore.

¶42

3.The Assistant Director /joint Director (Mu.Koo.Po.) Coimbatore District Town And Country Planning Office, Ground Floor And 1st Floor, 50, FCI Road, Gandhimanagar, Ganapathy, Coimbatore 641004

¶43

4/5

¶44

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

¶45

WP No. 35239 of 2025

¶46

S.M.SUBRAMANIAM J. AND C.KUMARAPPAN J.

¶47

kmi

¶48

WP No.35239 of 2025 AND WMP NO.39453 of 2025