This is a writ petition filed against the Tiruchirappalli City Municipal Corporation seeking removal of a hoarding. The single judge held the petition not maintainable, directing the petitioner to seek appropriate directions through civil process to establish property rights.
Writ petition dismissed with no costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 04.04.2016
CORAM:
THE HONOURABLE MR.JUSTICE S.MANIKUMAR and THE HONOURABLE MR. JUSTICE C.T.SELVAM
W.P.(MD)No.6507 of 2016
V.Sowmya Narayanan
Vs.
Tiruchirappalli City Municipal Corporation, Represented by its Commissioner, Tiruchirappalli.
PRAYER: The Writ Petitions is filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus directing the respondent to remove the hoarding put up in New.T.S.No.17/4 A Ward No.M, Block No.36 for extent of 30'.0”X100'.0”=3000 sqa feet in Ram Nagar, Vadavur Revenue Village, Thennur Village, Tiruchirappalli and consequently, consider the representation, dated 19.12.2015.
For petitioner : Mr.P.Arun Jayatram
ORDER
(Order of this Court was made by C.T.SELVAM, J.)
The petitioner claiming himself to be an exclusive holder of property and informing that the respondent has illegally put up a hoarding thereon, seeks a direction to the respondent to remove the hoarding put up in New.T.S.No.17/4 A Ward No.M, Block No.36 of extent of 30'.0”X100'.0”=3000 sqa feet in Ram Nagar, Vadavur Revenue Village, Thennur Village, Tiruchirappalli, by considering his representation, dated 19.12.2015.
2.It is for the petitioner to establish his right to property and in the event of any violation thereof, to seek appropriate direction there against, by resorting to civil process.
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3.The writ petition is not maintainable and accordingly, the same is dismissed. No costs.
Sd/-
Assistant Registrar (AE)
/True Copy/
Sub Assistant Registrar
rj2 To
The Commissioner, Tiruchirappalli City Municipal Corporation, Tiruchirappalli.
+1CC to Mr.P.Arun Jayatram Advocate Sr.No.19375 +1CC to Spl.Government Pleader Sr.No.18936
GJM/GSV/PM/13.4.16-2p-4C
W.P.(MD)No.6507 of 2016
04.04.2016
3 issues framed by the court
Whether a writ petition under Article 226 is maintainable for directing a municipal corporation to remove a hoarding allegedly put up on the petitioner's property.
Whether the remedy for establishing property rights and seeking removal of hoarding lies in civil proceedings rather than writ jurisdiction.
Whether the petitioner established their claim to exclusive property rights to support the writ petition.
1 provisions across 1 enactments
V. Sowmya Narayanan
Tiruchirappalli City Municipal Corporation
S. MANIKUMAR
C.T. SELVAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
