R.Mahalisamy v. State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.07.2022 CORAM :

THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE AND THE HON'BLE MRS.JUSTICE N.MALA W.P.No.17101 of 2022 R.Mahalisamy ..

Petitioner Vs.

1. State of Tamil Nadu rep. by the District Collector Tiruppur District.

2. The Commissioner Thirumuruganpoondi Municipality Avinashi Taluk Tiruppur District.

3. The Tahsildar Avinashi Tiruppur District.

4. Maarisamy ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for a writ of Mandamus directing the respondents 1 to 3 to consider the petitioner's representation dated 01.04.2022.

For the Petitioner : Ms.Dharani Subramanian

For the Respondents : Mr.J.Ravindran Additional Advocate General Assisted by Mr.A.Selvendran Special Government Pleader for Respondents 1 & 3 Mrs.P.Shanthi Standing Counsel for Respondent -2

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) The writ petition has been filed alleging encroachment of the common pathway by the fourth respondent, by constructing a room.

2. As per the representation made by the petitioner and as stated by learned Additional Advocate General, the encroachment by way of construction of a room was made almost two years back.

3. The fourth respondent, who is the brother of the petitioner, constructed a room in the space which was used as common pathway, two years back. The petitioner, without approaching the civil Court immediately for obtaining an order of injunction to restrain his brother from raising construction, had waited for almost two years and thereafter, had chosen to make a representation to remove the construction. Now, the petitioner has come up with the writ petition for a direction on the official respondents to consider the said representation.

4. In view of the aforesaid, this writ petition cannot be said to be bona fide. Further, the writ petition involves determination of facts. Thus, we are not inclined to entertain this writ petition. Accordingly, it is dismissed. However, the petitioner is given liberty to avail the remedy before the civil Court if he so chooses. There will be no order as to costs. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar kpl

To:

1. The District Collector Tiruppur District.

2. The Commissioner Thirumuruganpoondi Municipality Avinashi Taluk Tiruppur District.

3. The Tahsildar Avinashi Tiruppur District.

+1 cc to Ms.Dharani Subramanian, Advocate Sr.NO. 44107 +1 cc to Government Pleader Sr.NO. 44650,44981 W.P.No.17101 of 2022 (CO) A.SK(18/07/2022)