The Court dismissed a writ petition concerning alleged encroachments on a pathway. It held that the dispute is a private civil matter and the appropriate remedy is to approach the Civil Court, not the Writ Court.
Writ petition dismissed; No costs; W.M.P.(MD)No.1448 of 2016 closed.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.01.2016 CORAM : THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN and THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN
Writ Petition (MD) No.1691 of 2016 and W.M.P(MD)No.1448 of 2016
Christian Endevaour Primary and High School rep by its President/Managing Director, M.James,Vannarapet, Puthur, Trichy 17. ... Petitioner Vs. 1.The Commissioner, Corporation of Trichy, Trichy, Trichy District.
2.The Chief Educational Officer, O/o.Chief Education Office, Trichy, Trichy District.
3.The Inspector of Police, Government Hospital Police Station, Puthur, Trichy, Trichy District. 4.R.Padma 5.Mala Salvanathan ... Respondents
Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the 1st respondent to forbear the 4th and 5th respondent from putting up or continuing with any construction in the property in S.No. 52 Puthur Village Trichy Corporation limit Trichy and to remove the encroachment in S.No.52 more fully covered in sale deed dated 15.10.1998 vide document No.3319 of 1998.
For Petitioner : Mr.N.R.Balaji For Respondents 1-3 : Mr.V.R.Shanmuganathan, Special Government Pleader.
ORDER
(Order of the Court was made by V.RAMASUBRAMANIAN,J.)
The petitioner has come up with the above writ petition seeking a mandamus to direct the first respondent to forbear the
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respondents 4 and 5 from putting up any construction in a passage and remove the encroachments allegedly made by them on the pathway.
2.Heard Mr.N.R.Balaji, learned counsel for the petitioner.
3.The dispute is a pure and simple civil dispute between the petitioner and the respondents 4 and 5. Therefore, the appropriate remedy for the petitioner is only to go before the normal Civil Court. The Writ Court cannot be converted into a Civil Court to settle private disputes on the specious plea of encroachments in a pathway especially when the pathway is not a public road vesting with the local body of the highways. Therefore, the writ petition is dismissed. No costs. Consequently, W.M.P(MD)No.1448 of 2016 is closed.
Sd/-
Assistant Registrar(W)
/True Copy/
Sub-Assistant Registrar
To
1.The Commissioner, Corporation of Trichy, Trichy, Trichy District.
2.The Chief Educational Officer, O/o.Chief Education Office, Trichy, Trichy District. 3.The Inspector of Police, Government Hospital Police Station, Puthur, Trichy, Trichy District.
+One cc to The Special Government Pleader, SR.nO.4959
sms
RL/5C/AAL/MPA/9/2/2016
| Writ Petition (MD) | No.1691 | of | 2016 |
|---|---|---|---|
| and | |||
| W.M.P(MD | )No.1448 | of | 2016 |
| 27 | .01 | .2016 |
2 issues framed by the court
Whether the Writ Court can entertain a dispute regarding encroachments on a pathway which is a private civil dispute between parties.
Whether Article 226 of the Constitution allows the Writ Court to act as a Civil Court to settle private disputes.
Christian Endevaour Primary and High School
Commissioner, Corporation of Trichy
Chief Educational Officer
Inspector of Police
R.Padma
Mala Salvanathan
V.Ramasubramanian
N.Kirubakaran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court