D.Padmavathy v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.11.2018 CORAM :

THE HON'BLE MRS.V.K.TAHILRAMANI, CHIEF JUSTICE AND The HON'BLE MR.JUSTICE M.DURAISWAMY W.P. No.7075 of 2018 D.Padmavathy .. Petitioner v.

1 The District Collector Kancheepuram District Kancheepuram 2 The Tahsildar Tambaram Taluk Tambaram Chennai - 600 045 3 The Executive Officer Madambakkam Town Panchayat Chennai - 600 126 4 The Member Secretary Chennai Metropolitan Development Authority Chennai - 600 008 5 Gabriel Builders and Associates Rep. by S. Muthukumar S.Stanley Rajan No.90, Shifa Enclave Rengasamy Street Chrompet Chennai - 600 0 44 .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the respondents 1 to 4 to demolish the illegal encroachment of the common pathway and construction of flats by the 5th respondent by blocking the petitioner's common pathway.

For Petitioner : Mr.S.Saravanan Satheesh Kumar For Respondents: Mr.V.Jayaprakash Narayanan Government Pleader (i/c) - for R1 to R3 No Appearance - for R4 & R5

O R D E R

(Order of the Court made by M.DURAISWAMY,J.) The petitioner has filed the above Writ Petition to issue a Writ of Mandamus directing the respondents 1 to 4 to demolish the illegal encroachment of the common pathway and construction of flats by the 5th respondent by blocking the petitioner's common pathway.

2.1 It is the case of the petitioner that she had purchased the land bearing Plot No.11, Gnanandha Nagar, Madambakkam Village, Chennai, comprised in Survey No.659/2C, measuring an extent of 2316 sq.ft. in the year 2006 and that the other plots bearing Plot Nos. 7, 8, 9, 10 and 12 are connected to Madampakkam Gandhi Road through a 20 feet width common pathway. Further, it is the case of the petitioner that the 5th respondent had encroached the common pathway in collusion with the 3rd respondent and obtained land approval and constructed a building.

2.2 The petitioner also filed a suit in O.S.No.179 of 2003 on the file of the District Munsif Court, Tambaram and an ex-parte decree was passed on 12.11.2016.

3. It is brought to the notice of this court that earlier, the petitioner filed a Writ Petition in W.P.No.1895 of 2013 and this court, by oder dated 28.03.2013, dismissed the Writ Petition giving liberty to the petitioner to approach the Civil Court. Accordingly, the petitioner has also filed a Civil Suit and obtained a decree against the respondents.

4. In such circumstances, the remedy open to the petitioner is only to execute the decree in accordance with the provisions of the Civil Procedure Code.

5. When this court has already found that the dispute between the petitioner and the 5th respondent cannot be decided in a Writ Petition, on the same set of facts, we cannot entertain this Writ Petition now. In these circumstances, the Writ Petition is dismissed. No costs.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar

Rj To 1 The District Collector Kanchepuram District Kanchepuram 2 The Tahsildar Tambaram Taluk Tambaram Chennai - 600 045 3 The Executive Officer Madambakkam Town Panchayat Chennai - 600 126 4 The Member Secretary Chennai Metropolitan Development Authority Chennai - 600 008 5.The District Munsif Tambaram W.P. No.7075 of 2018 ASK(18/12/2018)