D.Arun v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.08.2025

CORAM

THE HON'BLE MR.MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SUNDER MOHAN D.Arun :

Petitioner versus 1.The Commissioner Municipal Office, Avadi Chennai-054.

2.D.Ponvel :

Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the second respondent to permanently close all the windows and open spaces windows with bricks and cement permanently in the petitioner side area in the four floors building constructed and to remove the last floor building including the handle wall in the four floors building constructed based on the representation dated 13.09.2024.

For Petitioner :

Mr.D.Arun, Petitioner-in-person For Respondents :

Mr.RA. Gopinath, Standing Counsel, for respondent No.1 Mr.M.Balaji, for respondent No.2

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) The grievances raised in this petition are disputes which are purely civil in nature, involving allegation of encroachment on private land of the petitioner and also allegation of causing damage by the second respondent.

2. As far as disputes of civil nature are concerned, the petitioner should have approached the civil court rather than filing a writ petition. Any allegation of commission of offence, if not properly addressed to by the police authorities, could be brought by way of complaint before the jurisdictional magistrate. The petition stands closed. There will be no order as to costs. Consequently, WMP No.26885 of 2025 is also closed.

(MANINDRA MOHAN SHRIVASTAVA, CJ.) (SUNDER MOHAN, J.) 29.08.2025 Index : Yes/No : Yes/No tar

To 1.The Commissioner Municipal Office, Avadi Chennai-054.

THE HON'BLE CHIEF JUSTICE AND SUNDER MOHAN , J.

(tar) 29.08.2025