The High Court dismissed a writ petition seeking mandamus to compel municipal authorities to enforce a 1978 gift deed for re-establishing a clinic, holding the dispute was private and not amenable to writ jurisdiction.
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.No.1388 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.10.2024
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P.No.1388 of 2020 and
W.M.P.No.1635 of 2020
A.Arthur Robert
.... Petitioner
Vs
1.The Commissioner, Corporation of Chennai, Rippon Building, Chennai - 600 003.
2.Zonal Officer, Zone XII, Corporation of Chennai, No.1, New Street, Alandur, Chennai - 600 016.
3.Member Secretary, Chennai Metropolitan Development Authority, Thalamuthu Natarajan Maligai, Egmore, Chennai -600 008.
4.Church of south India, Diocese of Madras, No. 226, Cathedral Road, Chennai - 600 081.
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W.P.No.1388 of 2020
5.The Church of South India, Trust Association, No.5, Whites Road, Royapettah, Chennai-14.
6.Rev. Sylas Gnanadoss, St. Peters church, Meenambakkam Pasorate, No.13 Kuppusamy Street, Palvandhangal, Chennai - 600 114.
.... Respondents
Prayer:- Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, direct the respondents R1 to R3 to take action upon the respondents R4 to R6 to re-establish good shepherd clinic as well as a personage as per the gift deed Dated 13th September 1978 vide document No.1610/1978, in terms of my representation dated 09.01.2020.
For Petitioner : Mr.M.J.Sundar For R1 & R2 : Mr.D.B.R.Prabhu Standing Counsel For R3 : Mr.P.Veena Suresh Standing Counsel For R4 & R5 : Mr.Adiran D.Rozario For R6 : Mr.M.Nalla Thambi
ORDER
This Writ Petition has been filed for a direction, directing
the respondents 1 to 3 to take appropriate action as against the respondents 4 to 6 to re-establish the Good Shepherd Clinic as well as a
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W.P.No.1388 of 2020
of 1978.
personage as per the gift deed dated 13.09.1978 vide document No.1610 of 1978.
perused the materials available on record.
and the respondents 4 to 6. Therefore, the private dispute cannot be resolved in this writ petition, that too by way of representation.
petition cannot be maintained and is liable to be dismissed. Accordingly,
this writ petition stands dismissed. Consequently, connected miscellaneous petition is closed. No costs.
29.10.2024
Internet : Yes Index : Yes/No Speaking order/Non-speaking order Lpp
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W.P.No.1388 of 2020
G.K.ILANTHIRAIYAN, J.
Lpp
To
1.The Commissioner, Corporation of Chennai, Rippon Building, Chennai - 600 003.
2.Zonal Officer, Zone XII, Corporation of Chennai, No.1, New Street, Alandur, Chennai - 600 016.
3.Member Secretary, Chennai Metropolitan Development Authority, Thalamuthu Natarajan Maligai, Egmore, Chennai -600 008.
W.P.No.1388 of 2020
29.10.2024
Page 4 of 4
2 issues framed by the court
Whether a writ petition under Article 226 can be maintained to resolve a private dispute regarding a gift deed.
Whether municipal authorities can be directed via mandamus to enforce a private gift deed against other private parties.
1 provisions across 1 enactments
A.Arthur Robert
The Commissioner, Corporation of Chennai, Rippon Building, Chennai - 600 003
Zonal Officer, Zone XII, Corporation of Chennai, No.1, New Street, Alandur, Chennai - 600 016
Member Secretary, Chennai Metropolitan Development Authority, Thalamuthu Natarajan Maligai, Egmore, Chennai -600 008
Church of south India, Diocese of Madras, No. 226, Cathedral Road, Chennai - 600 081
The Church of South India, Trust Association, No.5, Whites Road, Royapettah, Chennai-14
G.K.ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
