Writ petition challenging permission granted to private respondents to construct on petitioner's land. Court held efficacious remedy lies in Civil Court and dismissed petition.
Liberty granted; Writ Petition dismissed; 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.
W.P(MD)No.10499 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 21.12.2022
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P(MD)No.10499 of 2019 and W.M.P.(MD)No.8058 of 2019
Muthulakshmi (Died)
Arunachalam
... Petitioner
(The petitioner is substituted as LR of the deceased petitioner vide order dated 21.12.2022 in W.M.P.(MD)No.22699 of 2022 in W.P.(MD)No.10499 of 2019 by GRSJ)
Vs.
... Respondents
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W.P(MD)No.10499 of 2019
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, forbearing the respondents 1 and 2 from permitting the respondents 3 to 5 to construct and making pathway in the petitioner's patta land in T.S.No.1/3 situated Kalangarai, 1st Ward, Shenkottai Town, Tirunelveli District based on the petitioner's representation dated 25.03.2019.
For Petitioner : Mr.G.Gomathi Sankar
For Respondents : Mr.B.Saravanan,
Addl. Government Pleader for R2. Mr.N.Ganagasapapaty for R3 to R5. No appearance for R1.
ORDER
Heard the learned counsel on either side.
2.The petitioner seeks relief against the private respondents herein. It is
not the case of the petitioner that the official respondents are interfering with his possession and enjoyment of the petition mentioned land. The petitioner has to necessarily move the jurisdictional Civil Court for relief. I make it clear
that I have not gone into the merits of the matter.
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W.P(MD)No.10499 of 2019
3.Granting the said liberty, the writ petition is dismissed. No costs.
Consequently, connected miscellaneous petition is closed.
21.12.2022 Index : Yes / No Internet : Yes/ No ias
To:
The Tahsildar, Shenkottai Taluk Office, Shenkottai, Tirunelveli District.
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W.P(MD)No.10499 of 2019
G.R.SWAMINATHAN, J.
ias
W.P(MD)No.10499 of 2019
21.12.2022 (2/2)
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1 issue framed by the court
Whether the Court should interfere with the grant of permission to construct on petitioner's land by private respondents.
1 provisions across 1 enactments
Arunachalam
Commissioner, Shenkottai Municipality
Tahsildar, Shenkottai Taluk Office
Sankaralingam
Kaliraj
Mariappan
G.R. Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
