Dismissed

Thirunavukarasu v. The District Collector

Madras HC6 Jan 2023WP(MD)/315/2023

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court dismissed a writ petition seeking mandatory action against illegal construction by respondents 5 and 6. The Court held that since a civil suit for similar relief is already pending and no interim orders exist in that suit, writ jurisdiction cannot be exercised for the same relief, though the petitioners representation was not barred.

What did the court decide?

The writ petition was dismissed. The order does not obstruct respondents from acting on the petitioner's representation regarding law and order issues.

Thirunavukarasu Vs The District Collector — Landlord and Tenant | Madras HC (2023)

¶1

W.P.(MD) No.315 of 2023

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

DATED : 06.01.2023

¶4

CORAM:

¶5

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR

¶6

and

¶7

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

¶8

W.P.(MD) No.315 of 2023 and W.M.P.(MD)Nos.308 & 312 of 2023

Thirunavukarasu

... Petitioner

Vs.

1.The District Collector, Sivagangai District, Sivagangai.

¶13

2.The Revenue Divisional Officer, Devakottai, Sivagangai District.

¶14

3.The Tahsildar, Thirupathur Taluk, Sivagangai District.

¶15

4.The President, Seivinipatti Panchayat, Thirupathur Taluk, Sivagangai District.

¶16

Page 1 of 6

¶17

https://www.mhc.tn.gov.in/judis

¶18

W.P.(MD) No.315 of 2023

5.Sakthivel

6.Rajendran

... Respondents

PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 4 to initiate necessary action against the illegal and unauthorized construction of the structure and compound wall by the respondents 5 and 6 and their family members in the property bearing survey Nos.453/26, 453/27 and 453/29 in Chandrapatti Village, South Ialayathankudi Group, Tiruppathur Taluk, Sivagangai District and remove the same in accordance with law and in consideration of the representation of the petitioner dated 26.12.2022.

¶23

For Petitioner : Mr.R.Ganesh Prabu For Respondents : Mr.V.Nirmal Kumar, Government Advocate for R1 to R3 Mr.R.Maheswaran for R4 & R5

¶24

O R D E R

¶25

[Order of the Court was made by D.KRISHNAKUMAR, J.]

¶26

This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the respondents 1 to 4 to initiate necessary action against the illegal

¶27

Page 2 of 6

¶28

https://www.mhc.tn.gov.in/judis

¶29

W.P.(MD) No.315 of 2023

¶30

and unauthorized constructions made by the respondents 5 and 6 and their family members, in the property bearing survey Nos.453/26, 453/27 and 453/29 in Chandrapatti Village, South Ialayathankudi Group, Tiruppathur Taluk, Sivagangai District and remove the same in accordance with law, by consideration of the representation of the petitioner dated 26.12.2022.

¶31

2 . Heard Mr.R.Ganesh Prabu, learned counsel for the petitioner, Mr.V.Nirmal Kumar, learned Government Advocate, who takes notice for the respondents 1 to 3 and Mr.R.Maheswaran, learned counsel, who takes notice for the respondents 4 and 5.

¶32

3 . By consent of both parties, this Writ Petition is taken up for final disposal at the admission stage itself.

¶33

4 . It is the case of the petitioner that he has already filed a suit in O.S.No.

¶34

123 of 2019, before the District Munsif Court, Thirupathur for restraining the respondents and their family members from putting up a construction viz.,

¶35

_____________ Page 3 of 6_

¶36

https://www.mhc.tn.gov.in/judis

¶37

W.P.(MD) No.315 of 2023

¶38

compound wall in the aforesaid survey numbers and the same is still pending. The petitioner apprehends that the respondents 5 and 6 and their family members will create a law and order issue and hence, the petitioner made a representation on 26.12.2022, seeking to prevent such law and order issue. However, till date, the same was not considered by the respondents. Hence, the petitioner has filed this Writ Petition.

¶39

5. We have perused the materials available on record.

¶40

6. On a perusal of the records, it is seen that the prayer, sought for by the petitioner in the aforesaid suit in O.S.No.123 of 2019 and in the instant writ petition, are one and the same. In the said suit, no interim order has been granted. Therefore, for the same relief, this Court cannot entertain the writ petition.

¶41

7. Accordingly, this Writ petition is dismissed. However, in paragraph 9 of the affidavit filed in support of this petition, the petitioner has stated that there

¶42

_____________ Page 4 of 6_

¶43

https://www.mhc.tn.gov.in/judis

¶44

W.P.(MD) No.315 of 2023

¶45

is apprehension of law and order issue and hence, he made a representation on 26.12.2022 and he needs for consideration of the said representation. Therefore, this order will not stand on the way of the respondents to consider the representation of the petitioner dated 26.12.2022. No costs. Consequently, connected miscellaneous petitions are closed.

¶46

[D.K.K., J.] [R.V., J.] 06.01.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No vsm

¶47

_____________ Page 5 of 6_

¶48

https://www.mhc.tn.gov.in/judis

¶49

W.P.(MD) No.315 of 2023

¶50

D.KRISHNAKUMAR, J. and R.VIJAYAKUMAR, J.

¶51

vsm

¶52

¶53

1.The District Collector, Sivagangai District, Sivagangai.

¶54

2.The Revenue Divisional Officer, Devakottai, Sivagangai District.

¶55

3.The Tahsildar, Thirupathur Taluk, Sivagangai District.

¶56

4.The President, Seivinipatti Panchayat, Thirupathur Taluk, Sivagangai District.

¶57

W.P.(MD) No.315 of 2023

¶58

06.01.2023

¶59

Page 6 of 6

¶60

https://www.mhc.tn.gov.in/judis

Thirunavukarasu v. The District Collector

Case brief

What is this about?

What did the court decide?

Thirunavukarasu v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Mathiyalagan Vs The District Collector

Angalaeswari.R Vs The District Collector

M/s.Ksm Leather Exports Vs The Authorized Officer / Assistant General Manager

Ashwath Raja.P Vs The Commissioner

Suresh Kumar Vs The District Collector

Sri Krishnan Vs The District Collector