Madras High Court
WP(MD)/21714/2025 of Durairaj Vs The District Collector on 7 October 2026
WP(MD) No. 21714 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 07-10-2026
CORAM
THE HON'BLE MR JUSTICE G.R.SWAMINATHAN
AND
THE HON'BLE MRS.JUSTICE M.D.SUMATHI
WP(MD) No. 21714 of 2025
CNR:{HCMD010944642025}
Durairaj
S/O. Venkatachalam,
Kodikkal Street,
Lalapettai,
Krishnarayapuram,
Karur District.
..Petitioner
Vs
1. The District Collector
Monitoring Committee,
Karur District.
2. The Revenue Divisional Officer,
Kulithalai, Karur
3. The Tahsildar,
Krishnarayapuram, Karur
4. The Block Development Officer (Block
Panchayat),
Krishnarayapuram Town Panchayath,
5. The Executive Officer, Krishnarayapuram TP, Karur Krishnarayapuram Town Panchayath, Karur
6. Shanmugam
S/o.Rengarahinam,
Kodikkal Street,
Lalapettai,
__________
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WP(MD) No. 21714 of 2025
Krishnarayapuram,
Karur Disrict.
..Respondents
PRAYER: Writ Petition, filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus by directing the respondents nos 2 to 5'to remove bridge constructed by 6th respondent encroaching upon the public pathway situated in wad No. 10, kodikkal Street, Krishnarayapuram, Karur District in light of the proceedings of the 4th respondent in Na.Ka.
A5/14/2023 dated 18.01.2024 and my representation dated 26.12.2024 as expeditiously as possible within the time stipulation as prescribed by this court.
For Petitioner:
Mr.S.Ashok
For Respondent(s):
Mr.M.Kannan,
Spl. Government Pleader for R1 to R5.
No appearance for R6
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ORDER
(Order of the Court was made by G.R.Swaminathan J.) Heard the learned counsel for the writ petitioner and the learned Special Government Pleader for the respondents 1 to 5. The sixth respondent has been served and his name is also printed in cause list. But he has not chosen to enter appearance. __________
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WP(MD) No. 21714 of 2025
2. The petitioner submits that the sixth respondent had illegally constructed a corridor connecting two buildings situated on the opposite side of the petition mentioned street. Photographs have been enclosed in the typed set of papers. We wanted to know from the learned Special Government Pleader if the sixth respondent obtained prior permission before putting up the said structure. The answer is in the negative.
3. Section 123(3) of the Tamil Nadu Urban Local Bodies Act reads as follows:- “123.The power of Commissioner to grant license to temporary closure in public places and to allow certain projection and erection:
(3) The Commissioner, subject to approval of the Council, may grant a ucence subject to such conditions and restrictions as it may think At. to the owner of occupier of any premises to put up verandas, balconies, sunshades, weather frames and the like, to project over a street, or in streets, in which construction of arcades has been sanctioned by the council, to put up an arcade or to construct any stepof drain-covering necessary for access to the premises.”
4. Unless a license has been obtained, the sixth respondent could not have put up the said structure. Hence, we direct the fifth respondent to issue formal notice to the sixth respondent and demolish the said structure. __________
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WP(MD) No. 21714 of 2025
5. This writ petition is allowed accordingly. No costs. (G.R.S.,J.) (M.D.S.,J.) 07-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No IAS To
1. The District Collector Monitoring Committee, Karur District.
2. The Revenue Divisional Officer, Kulithalai, Karur
3. The Tahsildar, Krishnarayapuram, Karur
4. The Block Development Officer (Block Panchayat), Krishnarayapuram Town Panchayath,
5. The Executive Officer, Krishnarayapuram TP, Karur Krishnarayapuram Town Panchayath, Karur. __________
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WP(MD) No. 21714 of 2025 __________
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WP(MD) No. 21714 of 2025 G.R.SWAMINATHAN, J. AND M.D.SUMATHI, J. ias WP(MD) No. 21714 of 2025 07-10-2026 __________
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