Kamini Devi vs the Commissioner,

Kamini Devi vs The Commissioner,

Type Court Judgment Court Chennai Orders Decided Feb 02, 2026

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https://sooperkanoon.com/case/1487229

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Citation: sooperkanoon.com/1487229
Court: Chennai Orders High Court
Judge: Honourable Mr Justice S. M. Subramaniam,Honourable Mr.Justice C.Kumarappan
Decided On: Feb 02, 2026
Case Number: WP/35239/2025

Parties & Advocates

Appellant / Petitioner

Kamini Devi

Respondent

The Commissioner,

Excerpt

.....by the commissioner, coimbatore corporation is under challenge in the present writ proceedings. 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 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. 3.with the above directions, this writ petition stands dismissed. no costs. consequently, connected wmp is also closed. (s.m.subramaniam j.)(c.kumarappan j.) 02-02-2026 index:yesspeaking/non-speaking orderinternet:yes neutral citation:yes/no kmi to 1.the commissioner, office of the commissioner, corporation of coimbatore, coimbatore. 2.the city planner, corporation of coimbatore, coimbatore. 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 641004s.m.subramaniam j. and c.kumarappan j. kmi wp no.35239 of 2025 and wmp no.39453 of 2025 02-02-2026

Full Judgment

2026:MHC:431
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02-02-2026
CORAM
THE HONOURABLE Mr.JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE Mr.JUSTICE C.KUMARAPPAN WP No.35239 of 2025 AND WMP NO.39453 OF 2025
1. Kamini Devi W/o. (late). Marimuthu, 2.Muthukrishnan, S/o. K.R.Karuppanasamy, 65, Murugayyan Colony, 3.Lalitha, W/o. (late).Kannan, 4.Aruldoss, S/o.Salamon, 5.Nagamani, W/o. (late). Venkatachalam, Petitioner(s) Vs
1. The Commissioner,
Office Of The Commissioner, Corporation Of Coimbatore, Coimbatore. 2.The City Planner, Corporation Of Coimbatore, Coimbatore. 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 Respondent(s) PRAYER 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.
For Petitioner(s): Mr.N.S.Suganthan For Respondent(s): No Appearance for R1 & R2 Mr.T.Arunkumar, Additional Government Pleader for R3

ORDER

(Order of the Court was made by S.M.Subramaniam J.) 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. 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 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. 3.With the above directions, this writ petition stands dismissed. No costs. Consequently, connected WMP is also closed. (S.M.SUBRAMANIAM J.)(C.KUMARAPPAN J.) 02-02-2026 Index:Yes

Speaking/Non-speaking order

Internet:Yes Neutral Citation:Yes/No kmi To 1.The Commissioner, Office Of The Commissioner, Corporation Of Coimbatore, Coimbatore. 2.The City Planner, Corporation Of Coimbatore, Coimbatore. 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

S.M.SUBRAMANIAM J. AND C.KUMARAPPAN J. kmi WP No.35239 of 2025 AND WMP NO.39453 of 2025 02-02-2026

Same Court & Year Chennai Orders · 2026 Same Parties Kamini Devi vs The Commissioner, Same Judge Honourable Mr Justice S. M. Subramaniam,Honourable Mr.Justice...