Ramesh Narayan Moilydevadiga v. Thane Municipal Corporation And ORS

927-ASWP-5285-2024.DOC Amol

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5285 OF 2024 Ramesh Narayan Moilydevadiga

...Petitioner

Versus

Thane Municipal Corporation & Ors

...Respondents

Dr Abhinav Chandrachud, with Janay Jain, Nikhil Waje & Vishesh Srivastav, for the Petitioner.

Mr Mandar Limaye, for Respondent No 1-TMC.

CORAM

G.S. Patel & Kamal Khata, JJ.

DATED:

15th April 2024 PC:- AMOL PREMNATH JADHAV 1.

This is a private dispute between the Petitioner and Respondent No 3, his brother. A Suit has been filed in the District AMOL PREMNATH JADHAV Date: 2024.04.16 10:34:36 +0530 Court at Thane. The Appellate Court said that the Petitioner will have to approach the Thane Municipal Corporation ("TMC") to make a representation. That appeal was dismissed. The Petitioner has filed a Writ Petition but has not assailed this direction or finding that the Petitioner's remedy is to approach the TMC. In Writ Petition No 2162 of 2024 on 15th January 2024, the Petitioner obtained an interim relief.

15th April 2024

927-ASWP-5285-2024.DOC 2.

Now this Petition comes to be filed asking that we should direct the TMC to decide the representation.

3.

This would literally amount to deciding not only the previous Writ Petition but conceivably also the suit itself. The Petitioners remedies lie elsewhere.

4.

We are not inclined to interfere.

5.

The Writ Petition is rejected in these terms. No order as to costs.

(Kamal Khata, J) (G. S. Patel, J) 15th April 2024