WP/9148/2023 of K.R.Subash Vs The Secretary on 2 September 2026

ORDER

(Order of the Court was made by G.Jayachandran J.) The petitioner herein, on 07.10.2022, has given a representation to the District Collector, Coimbatore, stating that the construction made by the 9th respondent for the Educational Institution namely “Akshaya Academy” is abutting a water-body and therefore, during the rainy season, the land in possession of the 9th respondent is used as a catchment area. While so, in the catchment area, four floor building of 7000 sq.ft is being constructed and therefore, the construction, having been made without proper stability and in between the water body, is dangerous to the life and safety of the students. Hence, necessary action to be taken for removal of the encroachment.

2. In the said representation, the petitioner has specified that the offending construction of the 9th respondent is situated in survey No.268, whereas, S.Nos.267 and 269 are classified as water body.

3. The 9th respondent has filed a counter stating that there is no encroachment on the water-body, which falls in S.Nos.267 and 269. The construction of the 9th respondent is exclusively situated within S.No.268. There is no obstruction to the water flow or storage of the water. The school of the 9th respondent is situated in the Dry-punja lands falling under S.Nos.268/2, 268/3 and 268/4, Suriya Garden, Thudiyalur, Coimbatore North Taluk. Patta is in favour of the 9th respondent and the construction has been made after obtaining all necessary permits, sanctions and licenses from the Government authorities. The construction is made without any violation or encroachment whatsoever. The writ petition is filed as a public interest litigation only to cause hardship and harassment to the 9th respondent.

4. The District Educational Officer/6th respondent has filed a counter wherein it is stated that the Tahsildar, Coimbatore, has issued No Objection for the construction and building approval was issued by the Village President, Pannimadai Village. The building planning permission was obtained from the Coimbatore Local authority, after being satisfied, which reads as follows:- “1.There are no Government alienated lands.

2. No Notification was made in respect of the powers conferred under Section 4(1) of the Government Land Acquisition Act, 1984. Lands are not covered under Land Plan Schedule.

3. There is no burial ground, funeral yard, ancient symbols, places of worship and precious trees in the above lands.

4. The above lands are not in flood prone area.

5. The said lands are not covered under the Land Reforms Act, 1961.

6. Not affected by Urban Land Ceiling Act, 1978.

7. There is no Tax due to be paid to the Government.

8. There are no land acquisition activities under the Acquisition of Land for Harijan Welfare Schemes Act.

9. No High Voltage Wire is running through the lands.”

5. Recognition was issued to the 9th respondent Institution by the Director of School Education, vide proceedings dated 08.06.2020.

6. Considering the fact and the submission made in the petition itself that the construction is in the patta land of the 9th respondent, we find that the allegation stated in the affidavit filed in support of the writ petition that the construction of the 9th respondent building causes obstruction to the free flow of the water and storage of water in S.Nos.267 and 269 appears to be preposterous and the writ petition is filed with some oblique motive.

7. Considering the statements of the respondents and the records, we find that the writ petition for considering the representation of the petitioner herein cannot be entertained. Accordingly, this writ petition stands dismissed. No order as to costs. (G.JAYACHANDRAN J.) (E.MANOHARAN J.) 02.09.2026 Index:yes/no Neutral citation:yes/no ari

To

1. The Secretary, Tamil Nadu Public Works Department, Kamarajar Promenade, PWD Estate, Chepauk, Triplicane, Chennai, Tamil Nadu 600 005.

2. The Chief Engineer, Public Work Department, Ukkadam, Coimbatore, Tamil Nadu 641 001.

3. The Director, Directorate of Education, No.17, College Road, Subba Road Avenue, Nungambakkam, Chennai 600 008.

4. The District Collector, Coimbatore District, Coimbatore.

5. The Chief Educational Officer, No.500, Raja Street, Coimbatore 641 001.

6. The District Educational Office, No.959, Sukuwarpettai, Ukkadam, Coimbatore 641 001.

7. The Assistant Engineer, Public Works Department, Coimbatore.

8. The President, Pannimaddai Village, Coimbatore.

9. The Chairman, Akashaya Academy, Pannimaddai, Thoppamapatti, Vadamadurai, Kurudapalayam, Coimbatore.

Dr.G.Jayachandran, J. and E.Manoharan, J. ari W.P.No. 9148 of 2023 02.09.2026