Madras High Court
WP/36386/2026 of J.MARY ROSELEN JOSEPH Vs THE COLLECTOR on 9 September 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09-09-2026
CORAM
THE HON'BLE DR JUSTICE G. JAYACHANDRAN
AND
THE HON'BLE MR.JUSTICE E.MANOHARAN
Writ Petition No. 36386 of 2026
and
W.M.P.No.40741 of 2026
J.Mary Roselen Joseph
..Petitioner
Vs
1. The Collector
Kancheepuram District,
Kancheepuram.
2. The Director of Town and Country planning Office, 359 CMDA Office Complex, E & C Market Road, Koyambedu, Chennai 107.
3. The Assistant Director/ Deputy Director District Town and Country Planning Office, Having office at 33A, kotrampayam Street, Chinna Kancheepuram, Ennaikaran, Kancheepuram -631 501
4. The Block Development officer
Kundrathur Panchayat Union,
@ Padappai
5. The Tahsildar
Kundrathur Taluk,
Kundrathur Main Road,
Kundrathur 600 069.
..Respondents
Prayer: Writ Petition has been filed under Article 226 of Constitution of India, to issue Writ of Certiorarified Mandamus, call for records and quash the impugned notice issued by the 4th respondent in Na.Ka.No. 2261/ 2026/ A3
dated 14.08.2026 and consequential intimation notice dated 14.08.2026 as being illegal and consequently forbearing the respondents 1 to 5 from in any manner interfering with the peaceful possession of the petitioner until disposal of the suit in O.S.No.370 of 2024 pending before Additional District Judge,
For Petitioner:
Mr.D.Baskar
For Respondents:
Mr.B.Sivakollapan
Addition Government Pleader for R1 to R3 & R5
Mr.R.Hashwanth
Government Advocate For R4
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ORDER
(Order of the Court was made by Dr.G.Jayachandran J.) The learned counsel appearing for the petitioner submits that pursuant to the notice dated 14.08.2026 issued by the Block Development Officer, who is the 4th respondent herein, a detailed representation was submitted by the petitioner. The petitioner therein stated that a civil suit is pending between the writ petition and Kameshwari Vinnakota, whose name is referred to in the impugned notice. However, instead of considering the petitioner's objections on merits, a subsequent notice along with Form-III has been issued by the 4th respondent during the pendency of this writ petition.
2. On perusal of the record, we find that the said the Kameshwari Vinnakota, who is stated to hold title over the plot No.755 (upon which the petitioner has allegedly constructed the building) has not been arrayed as a respondent in this matter. Furthermore, the civil suit referred to by the petitioner indicates that the dispute between the petitioner herein and the said Kameshwari Vinnakota pertains to the title of Plot No.756, which belongs to the writ petitioner. The said suit is pending before the Principal District Court, Kancheepuram in O.S.No.350 of 2024.
3. We find that the petitioner has challenged the impugned notice dated 14.08.2026 issued by the 4th respondent. However, in view of the subsequent notice and Form-III issued by the 4th respondent after taking note of the petitioner's objections dated 19.08.2026, the prayer sought in the present writ petition has become infructuous. However, taking note of the subsequent developments, we direct the petitioner herein to submit a fresh representation to the 4th respondent within 15 days from today, with all necessary details, including the pleadings in the pending suit.
4. On receipt of such representation, the 4th respondent is directed to appreciate the materials placed and pass appropriate orders on merits and in accordance with law thereafter. Till the disposal of the said representation, no coercive action shall be taken against the petitioner.
5. With the above directions, this Writ Petition stands disposed of. Consequently, the connected Miscellaneous Petition is closed. No costs. (Dr.G.J.,J.) (E.M.,J.) 09-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No rpl To
1. The Collector Kancheepuram District, Kancheepuram.
2. The Director of Town and Country planning Office, 359 CMDA Office Complex, E & C Market Road, Koyambedu, Chennai 107.
3. The Assistant Director/ Deputy Director District Town and Country Planning Office, Having office at 33A, kotrampayam Street, Chinna Kancheepuram, Ennaikaran, Kancheepuram -631 501
4. The Block Development officer Kundrathur Panchayat Union, @ Padappai
5. The Tahsildar Kundrathur Taluk, Kundrathur Main Road, Kundrathur 600 069.
DR.G.JAYACHANDRAN J. and E.MANOHARAN J. rpl Writ Petition No. 36386 of 2026 and W.M.P.No.40741 of 2026 09-09-2026