J.Venkatesan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.09.2020

CORAM

THE HON'BLE MR.JUSTICE M.M.SUNDRESH and THE HON'BLE MRS.JUSTICE R.HEMALATHA W.P.No.11971 of 2020 & W.M.P.No. 14703 of 2020 J.Venkatesan .. Petitioner Vs 1.The District Collector, Kancheepuram Collectorate, District Collector Office Campus, Kancheepuram District.

2.The Block Development Officer, Sriperumbudhur, Kancheepuram District.

3.The Thasildhar, Taluk Office Campus, Sriperumbhudur, Kancheepuram District.

4.Ranjitham 5.T.Srinivasan 6.Vedhalayagam@ Visu 7.T.Gunasekaran 8.Gomathi .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of mandamus directing the respondents 1 to 3 to restrain the respondents 4 to 8 from putting up unauthorized construction in property situated at Vengadu Village Pillaipakkam Post, Sriperumbudhur Taluk, Kancheepuram District comprised in S.No.273/1B (present S.No.316/6 and 316/7). Consequently direct the respondents 1 to 3 to demolish the existing structure put up by the private respondents 4 to 8 in the said premises situated at Vengadu Village Pillaipakkam Post, Sriperumbudhur Taluk, Kancheepuram District comprised in S.No.273/1B (present S.No.316/6 and 316/7). For Petitioner .. Mr.Shaikh Mehrunisa For Respondents.. Mr.G.K.Muthukumar, Special Govt. Pleader for R1 to R3 https://hcservices.ecourts.gov.in/hcservices/

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) The petitioner, who is the plaintiff in O.S.No.98 of 2018 on the file of District Munsif cum Judicial Magistrate, Sriperumbudur, filed for declaration, mandatory injunction and permanent injunction, has come forward to file this writ petition seeking direction to the respondents 1 to 3 restraining the respondents 4 to 8 from putting up unauthorised construction on the premise that the said construction is unauthorised and illegal.

2.We are not inclined to entertain this writ petition for the simple reason that the petitioner has filed a suit, in which, the respondents 1, 2 and 4 to 8 herein are parties. If the petitioner has got any grievance, he can very well seek appropriate relief in the pending suit. Liberty is also given to the petitioner to implead the second respondent before us as a party defendant.

3.Accordingly, the writ petition stands closed. No costs. Consequently, connected miscellaneous petition is also closed. s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar raa/kmk To 1.The District Collector, Kancheepuram Collectorate, District Collector Office Campus, Kancheepuram District.

2.The Block Development Officer, Sriperumbudhur, Kancheepuram District.

3.The Thasildhar, Taluk Office Campus, Sriperumbhudur, Kancheepuram District.

+1 CC to Mr. Mr.Shaikh Mehrunisa, Advocate sr 29371. W.P.No.11971 of 2020 VBA(CO) SP(16/09/2020) https://hcservices.ecourts.gov.in/hcservices/