A lessor sought mandamus against authorities to act on illegal construction by a school run on her leased property. The court found the petition was prompted litigation to redress a private dispute, with an eviction suit pending, and dismissed the writ petition.
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W.P.(MD) No.19000 of 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 06.08.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.P.(MD) No.19000 of 2024 and
W.M.P(MD)No.16049 of 2024
Periyanayagi ... Petitioner
-vs-
1.The President, Mogur Panchayat, Madukkur – 614903, Pattukottai Taluk,
Tanjore District.
Madukkur – 614903.
5.The District Educational Officer(DEO), (Private Schools), O/o.District Educational Officer, (Private Schools), Near Over Bridge, Tanjore.
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W.P.(MD) No.19000 of 2024
6.The Assistant Educational Officer(AEO), O/o.Assistant Educational Officer, Madukkur(north), Pattukottai Taluk, Tanjore District.
7.G.Ramalingam, Treasurer, Sri Panchayamuga Selva Vinayagar Educational Trust, Sri Vinayaga Public School, Main Road, Mogur, Madukkur Post, Pattukottai Taluk, Tanjore District. ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 6 herein to take action against the 7th respondent for putting up illegal construction in No.58/2 punja in Mogur Village of Mogur Panchayat, Pattukottai Taluk, Tanjore District based on the legal notices, dated 28.04.2024 and 10.05.2024.
For Petitioner : Mr.S.Manikandan
For Respondents : Mr.SRA.Ramachandran, Additional Government Pleader
O R D E R
[Order of the Court was made by R.SUBRAMANIAN, J.]
This writ petition is filed to issue a Writ of Mandamus directing
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W.P.(MD) No.19000 of 2024 the respondents 1 to 6 herein to take action against the 7th respondent
for putting up illegal construction in S.No.58/2 punja in Mogur Village, Mogur Panchayat, Pattukottai Taluk, Tanjore District, based on the legal notices, dated 28.04.2024 and 10.05.2024.
2. Mr.SRA.Ramachandran, learned Additional Government Pleader takes notice for respondents 1 to 6.
3. Admittedly, the petitioner has leased out the property to one Sri Vinayaka Public School represented by its Chairman Mr.N.Dhakshnamurthy, S/o.C.Natesan. The lease deed is dated 22.01.2014 and the period of leased is 30 years. It is seen that the petitioner has filed a suit against three individuals seeking eviction. The said suit is also pending. It is in this backdrop, the petitioner has come up with the instant writ petition claiming that the school is being constructed without an approved plan. We find that this is only a litigation prompted to redress the private dispute. Hence, this writ petition is dismissed. No Costs. Consequently, connected Miscellaneous Petition is closed.
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W.P.(MD) No.19000 of 2024
NCC : Yes/No Index : Yes/No Internet : Yes PM
To:
1.The President, Mogur Panchayat, Madukkur – 614903, Pattukottai Taluk, Tanjore District.
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W.P.(MD) No.19000 of 2024
R.SUBRAMANIAN, J. and L.VICTORIA GOWRI, J.
pm
W.P.(MD) No.19000 of 2024
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W.P.(MD) No.19000 of 2024 06.08.2024
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1 issue framed by the court
Whether a writ of mandamus should issue to compel action against alleged illegal construction when the dispute is essentially private between lessor and lessee.
Periyanayagi
The President, Mogur Panchayat
The Block Development Officer(BDO)/Monitoring Committee, Madukkur Union
The Deputy Director of Town and Country Planning
The Chief Educational Officer(CEO), Tanjore
The District Educational Officer(DEO), (Private Schools), Tanjore
R.Subramanian
L.Victoria Gowri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
