V.K.Ravikumar v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.04.2019 CORAM :
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN Writ Appeal No.1320 of 2019 & C.M.P.No.8976 of 2019 V.K.Ravikumar ...Appellant/Petitioner -vs1. The District Collector, Thiruvallur, Thiruvallur District.
2. The Commissioner,
3. The Joint Commissioner,
4. The Executive Officer, HR & CE, Kandakottam, Park Town, Chennai - 600 001.
5. The Tahsildar, Ponneri Taluk Office, Ponneri, Thiruvallur District.
...Respondents/Respondents
Writ Appeal filed under Clause 15 of Letters Patent against the order of this Court in W.P.No.7737 of 2019 dated 18.03.2019. WP.NO.7737/2019:
Petition under Article 226 of the Constitution of India praying for the issue of Writ of Mandamus Directing the third respondent not to put up any compound wall in petitioner property at No.1/237 Pillayar Koil Street, Vilangadupakkam Village and Post Red Hills, Chennai - 600 052 comprised in Survey No.327/03.
For appellant :
Mr.V.Nithyanandam
JUDGMENT
(Judgment of the Court was delivered by T.S.Sivagnanam, J.) This appeal by the writ petitioner is directed against the order in W.P.No.7737 of 2019 dated 18.03.2019.
2. The said writ petition is filed by the petitioner to direct the third respondent/Joint Commissioner, HR & CE not to put up compound wall in the petitioner's property in Door No.1/237, Pillayar Koil Street, Vilangadupakkam Village and Post, Red Hills, Chennai - 600 052.
3. The learned counsel for the appellant submitted that there is mistake in the prayer of the writ petition and direction should be sought for against the fourth respondent namely Executive Officer instead of third respondent/Joint Commissioner. However, the learned counsel for the appellant did not take any steps to amend the prayer in the writ petition. Furthermore, the petitioner did not produce any document to show that he has got title over the property. In any event, the dispute being civil in nature, merely because the temple is under the control of the department, a writ petition cannot be maintained.
4. In the result, the writ appeal stands dismissed and the order passed by the learned writ Court is confirmed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar To
1. The District Collector, Thiruvallur, Thiruvallur District.
2. The Commissioner,
3. The Joint Commissioner,
4. The Executive Officer, HR & CE, Kandakottam, Park Town, Chennai - 600 001.
5. The Tahsildar, Ponneri Taluk Office, Ponneri, Thiruvallur District.
Writ Appeal No. 1320 of 2019 & C.M.P.No.8976 of 2019 nr 20/06/2019