M.Gopalakrishnan v. the Commissioner
Case brief
What is this about?
Writ petition (mandamus) by secretary of Sri Muruga Nivas Apartment Welfare Association, Coimbatore, seeking action by municipal authorities against alleged unauthorized construction by private respondents; Madras High Court declined to exercise Article 226 jurisdiction as the complaint did not concern a public street, road, government land, park or waterbody; petition and connected miscellaneous petition closed leaving authorities free to examine; civil suit indicated as remedy for easementary rights; no costs. Keywords: unauthorized construction; Article 226; writ of mandamus; Coimbatore City Municipal Corporation; easementary rights; civil suit; private property; writ petition closed.
What did the court decide?
None; the writ petition and the connected miscellaneous petition were closed, leaving it open to the authorities to examine, with no order as to costs.