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CDJ 2026 MHC 1480 print Preview print print
Court : High Court of Judicature at Madras
Case No : W.P. No. 40869 of 2025 & W.M.P. No. 45978 of 2025
Judges: THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE
Parties : G. Kumaran Versus The District Collector, Chengalpet & Others
Appearing Advocates : For the Petitioner: R. Chandrasekaran, Advocate. For the Respondents: R1 to R4, D. Ravichander, Special Government Pleader, R5, S. Anburaja, Advocate.
Date of Judgment : 02-02-2026
Head Note :-
Constitution of India - Article 226 -
Judgment :-

(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, forbearing the 5th and 6th respondents from interfering with the peaceful possession and enjoyment of the property which is utilizing for parking area to the Parasuramaswarar Temple in S.No.206/13, situated at Easwaran Koil Street, Mullipakkam Village, Tiruporur Taluk, Chengalpet District by considering the representation made by the petitioner dated 10.09.2025 by the 1st and 4th respondents within the time to be stipulated by this Court.

1. This Writ Petition has been filed to forbear the respondents 5 and 6 from interfering with the peaceful possession and enjoyment of the property morefully described in the prayer to this writ petition, by the petitioner, based on the petitioner’s representation dated 10.09.2025.

2. The petitioner claims that unlawfully the respondents 5 and 6 are interfering with the petitioner’s possession of the property morefully described in the prayer to this writ petition. Since the petitioner’s representation, dated 10.09.2025 seeking to forbear the respondents 5 and 6 from interfering with the petitioner’s peaceful possession and enjoyment of the property was not considered by the official respondents, the petitioner has filed this writ petition.

3. Till date, counter has not been filed by the respondents.

4. The learned counsel appearing for the 5th respondent would submit that the petitioner has no right over the property as the property which is the subject of this writ petition has been purchased by the respondents 5 and 6.

5. Since the respondents are yet to file their counter, this Court cannot decide the matter on merits. However, this Court is of the considered view that, no prejudice would be caused to the respondents, if the petitioner’s representation as stated supra is considered on merits and in accordance with law, within a time frame to be fixed by this Court, after hearing the objections, if any, from the respondents 5 and 6 as well as any third party as they deem fit.

6. This Court is not expressing any opinion on the merits of the petitioner’s representation.

7. For the foregoing reasons, this Writ Petition is disposed of, by directing the 4th respondent to pass final orders, on merits and in accordance with law on the petitioner’s representation, dated 10.09.2025 seeking to forbear the respondents 5 and 6 from interfering with the petitioner’s peaceful possession and enjoyment of the property morefully described in the prayer to this writ petition, after hearing the objections, if any, from the respondents 5 and 6 as well as any other third party, whom the 4th respondent deems it fit to enquire, within a period of twelve (12) weeks from the date of receipt of a copy of this order. No costs. Consequently, the connected miscellaneous petition is closed.

 
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