Dismissed¶32

M.Subramanian v. The Commissioner

Mandamus – Unauthorised construction

Madras HC11 Mar 2026WP/9311/2026

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Case brief

AI extract

What is this about?

Madras High Court, W.P.No.9311 of 2026, decided 11.03.2026 by Sushrut Arvind Dharmadhikari, CJ and G. Arul Murugan, J. Writ petition under Article 226 seeking mandamus to the Commissioner, Coimbatore Corporation to consider representation dated 04.08.2025 regarding alleged unauthorised construction by third respondent Nanjammal without building plan/planning permit. Dismissed as parallel proceedings in view of pending civil suit O.S.No.2288 of 2012 (declaration and mandatory injunction) between the parties; no order as to costs; interim application W.M.P.No.10031 of 2026 also dismissed.

What did the court decide?

In view of the pending civil suit between the petitioner and the third respondent, the Court was not inclined to entertain the writ petition as parallel proceedings. ¶32

M.Subramanian Vs The Commissioner — Writ and Judicial Review | Madras HC (2026)

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W.P.No.9311 of 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 11.03.2026

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CORAM :

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THE HONOURABLE MR. SUSHRUT ARVIND DHARMADHIKARI, CHIEF JUSTICE

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AND

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THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN

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W.P.No.9311 of 2026

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W.M.P.No.10031 of 2026

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M.Subramanian S/o.Late.R.Maruthachalam No.111-B, 4th Street Sivanandapuram Saravanampatti Post Coimbatore - 641 035

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Petitioner(s)

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The Commissioner Coimbatore Corporation Coimbatore-1.

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Assistant Commissioner Coimbatore (North Zone) Coimbatore Corporation Coimbatore-37.

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Nanjammal W/o.Late.P.Jothimani Near R.G.Clinic 12/37, Sathy Main Road Sivanandapuram Saravanampatti Post Coimbatore-641 035 Respondent(s)

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Page 1 of 4

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

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W.P.No.9311 of 2026

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Prayer : Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the 1^st respondent to consider and take necessary action on the petitioner’s representation dated 4.8.2025 forthwith.

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For Petitioner : Mr.R.Shanmugham For Respondents : Mr.N.Umapathi Standing Counsel for R1 & R2

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ORDER

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(Order of the Court was made by the Hon'ble Chief Justice)

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The present writ petition is filed, under Article 226 of the Constitution of India, seeking direction to the 1^st respondent to consider and take necessary action on the petitioner’s representation dated 04.8.2025.

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The allegation of petitioner is that third respondent has put up unauthorised construction adjacent to his property, that too, without any building plan and planning permit issued by the competent authority.

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___________ Page 2 of 4_

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

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W.P.No.9311 of 2026

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As per the documents filed by petitioner, a civil suit in

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O.S.No.2288 of 2012, seeking declaration and manadatory

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injunction, is pending between petitioner and third respondent.

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In view of the aforesaid, we are not inclined to entertain this parallel proceedings. Accordingly, we find no merit in the case and it is dismissed. There shall be no order as to costs. Consequently, the interim application is also dismissed.

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(SUSHRUT ARVIND DHARMADHIKARI,CJ) (G.ARUL MURUGAN,J) 11.03.2026

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Index : Yes/No Neutral Citation : Yes/No

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kpl

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