Manikandan, v. The Executive Officer,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.11.2016
CORAM
The HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The HON'BLE MR.JUSTICE R.MAHADEVAN W.P.No.10367 of 2013 Manikandan .. Petitioner vs.
1. The Executive Officer Somayanpalayam Panchayat Thadagan P.O.
Coimbatore - 641 108.
2. The President Nalvar Nagar Welfare Association Kalveerampalayam Bharathiyar University Coimbatore - 641 046.
3. Dharmalingam .. Respondents PRAYER: Petition under Article 226 of the Constitution of India for issuance of a writ of Mandamus directing respondents 1 and 2 to remove the house constructions and other construction at the site demarked as park area in L P/R(CPN) No.42/85.
For Petitioner : Mr.C.Deivasigamani For Respondents : Mr.K.Karthikeyan for 1st respondent Mr.L.Mouli for 3rd respondent https://hcservices.ecourts.gov.in/hcservices/
ORDER
(Order of the Court was made by the Hon'ble Chief Justice) The petitioner alleges encroachment in the park by the third respondent, who denies it. The stand of the first respondent, as per proceedings dated 15.11.2016, is that there is no encroachment in the area allotted for public purposes.
2. The learned counsel for the petitioner still insists that the authorities are also wrong and there is an encroachment in the public park.
3. In view of the factual nature of the controversy, which cannot be reconciled without adducing evidence, we relegate the petitioner to the remedy of a civil suit, if so advised. The petition is dismissed with the aforesaid liberty. No costs. Consequently, M.P.No.1 of 2013 is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To
1. The Executive Officer Somayanpalayam Panchayat Thadagan P.O.
Coimbatore - 641 108.
2. The President Nalvar Nagar Welfare Association Kalveerampalayam Bharathiyar University Coimbatore - 641 046.
+1cc to Mr.L. Mouli, Advocate, S.R.No.65798 +1cc to the Government Pleader, S.R.No.65963 mv(CO) md(24/11/2016) W.P.No.10367 of 2013 https://hcservices.ecourts.gov.in/hcservices/