Petitioner sought mandamus directing demolition of a dilapidated jointly owned house. Court noted a civil suit for partition is pending regarding the same property. Petition dismissed as civil court is the appropriate forum for the dispute.
Writ petition dismissed; petitioner directed to approach civil court regarding the pending partition suit.
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1
Kasi Reddiyar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 03.09.2014
CORAM
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
W.P(MD)No.12182 of 2014
...Petitioner
Vs.
1.The Panchayat President, Pappayyapuram Panchayat, Pappayyapuram, Peraiyur Taluk Madurai.
2.Dr.R.Selvarajan S/o.A.Ramasamy E11 Avinash Apartments, Bharathi Colony, Peelamedu, Coimbatore ...Respondents
Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, to direct the 1st respondent to demolish the old building, which is in dilapidated condition, of the house jointly belong to the petitioner and the 2nd respondent, situated at door No.22, 1st ward, Pappayyapuram Village, T.Kallupatti Panchayat Union, Peraiyur Taluk, Madurai District taking into account of the 1st respondent's notice in Na.Ka.No.1/2014-15 dated 12.06.2014 and the petitioner's representation dated 19.06.2014.
For Petitioner : Mr.V.Vinayagamoorthy For respondents : Mr.Aayiram K.Selvakumar Government Advocate for R1 Mr.T.Antony Arul Raj for R2
ORDER
The petitioner seeks for issuance of a writ of mandamus to direct the 1st respondent to demolish the old building, which is in dilapidated condition, of the house jointly belong to the petitioner and the 2nd respondent, situated at door No.22, 1st ward, Pappayyapuram Village, T.Kallupatti Panchayat Union, Peraiyur Taluk, Madurai District taking into account of the 1st respondent's notice in Na.Ka.No.1/2014-15 dated 12.06.2014 and the petitioner's representation dated 19.06.2014.
2
Sd/-
Assistant Registrar(Per Admn)
Sub Assistant Registrar
To
The Panchayat President, Pappayyapuram Panchayat, Pappayyapuram, Peraiyur Taluk Madurai.
+1cc to M/s.T.Antony Arulraj, Advocate in SR.49902
+1cc to M/s.V.Vinayagamoorthy, Advocate in SR.49986
W.P(MD)No.12182 of 2014
03.09.2014
rr.
PBK 11/09/2014 ::2P-5C:
1 issue framed by the court
Whether the present writ petition should be disposed of given the existence of a pending civil suit for partition over the same property.
Kasi Reddiyar
The Panchayat President, Pappayyapuram Panchayat
Dr. R. Selvarajan
T.S. Sivagnanam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
