S.A.Geethalaksmi, v. The Commissioner Of Chennai
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE:02-06-2015
CORAM:
THE HONOURABLE MR. JUSTICE SATISH K. AGNIHOTRI AND THE HONOURABLE MR. JUSTICE M. VENUGOPAL W.P.No.15230 of 2015 1 S.A.Geethalaksmi D/o. M.S.Anandaraj No.5 State Bank Colony Perambur Chennai-11.
..Petitioner Vs 1 The Commissioner of Chennai Corporation Rippon Buildings Chennai-3.
2 The Zonal Officer of Chennai Corporation (VI-Zone) No.5 Anderson Road Aynavaram Chennai-23.
3 The Assistant Engineer Corporation of Chennai 70th Division Aynavaram Chennai-23.
4 C.Elumalai S/o. D.Chinnathambi.
5 E.Chithra Manalan S/o. C.Elumalai Respondents 4th & 5th are residing at No.5 Police Manickam Street Aynavaram Chennai-23.
6 N.Sisubalan S/o. Nadesan No.8/1 Bharathi Salai Perambur Chennai-11.
..Respondents
Petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the 3rd respondent to consider and dispose of the representation dated 03.04.2015 according to the law by this Honourable Court For petitioner ::
Mr. R. Ravindra Ram For respondents ::
Mr. S. Saravanan for RR1 to 3
ORDER
(Order of the court was made by SATISH K.AGNIHOTRI, J.) The petitioner, claiming to be the owner of the vacant land comprised in survey No. 2 measuring 2400 sq.ft., bearing plot No.3 situated at Kamaraj Street, Gandhi Nagar, Konnur Village, Kolathur, submits that the respondent Nos.4 and 5, who are the purchasers of the adjacent land are encroaching into the private property of the petitioner by way of construction and as such, a direction be issued to them to stop encroachment and further construction. 2.
In fact, the petitioner is seeking a restraint order against private parties in respect of the alleged encroachment by the private parties on the disputed property of the petitioner. The dispute is purely of private nature and no public law element is involved and as such, no writ jurisdiction is available to the petitioner. The petition also involves disputed question of facts. Consequently, we are not inclined to entertain this petition in exercise of extraordinary writ jurisdiction. The petition is accordingly, dismissed. However, liberty is reserved to the petitioner to take recourse to competent jurisdictional civil court for appropriate relief, if so advised under provisions of law. No costs. The connected miscellaneous petitions are also dismissed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar
To 1 The Commissioner of Chennai Corporation Rippon Buildings Chennai-3.
2 The Zonal Officer of Chennai Corporation (VI-Zone) No.5 Anderson Road Aynavaram Chennai-23.
3 The Assistant Engineer Corporation of Chennai 70th Division Aynavaram Chennai-23.
+1cc to Mr.R. Vinu Priyanga, Advocate, S.R.No.26622 +1cc to Mr.S. Saravanan, Advocate, S.R.No.26050 SK(CO) EU(16/06/2015) W.P.No.15230 of 2015 and M.P.Nos.1 and 2 of 2015