C.Palanisamy v. The Secretary To Municipal Administration
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.08.2024
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.No. 21683 of 2024 C.Palanisamy ....
Petitioner Vs
1. The Secretary to Municipal Administration and Water Supply, Fort St.George, Chennai-600 009
2. The Municipal Commissioner Directorate of Municipal Administration, No.75, Urban Administrative Building, Santhome High Road, MRC Nagar, Raja Annamalaipuram, Chennai-600 028
3. The Commissioner of Coimbatore Corporation Kadaiveedhi Road, Coimbatore - 1
4. Assistant Commissioner South Zone, Coimbatore Corporation, Palakadu Road, Kuniymuthur, Coimbatore-641 008
5. The Tahsildar Perur Taluk, Coimbatore
6. Ramesh Kumar
7. Sumithra Devi ....
Respondents Prayer:- Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing 1 and 2 respondents to remove the name board placed by 3rd and 4th respondent in petitioner property bearing the Old survey 72/4-part, new survey No.72/4AG, Sundakamudhur village, Coimbatore Taluk, Coimbatore District to an extent of 4350 sq.ft. of vacant land on the basis of petitioners representation dated 25.6.2024.
For Petitioner : Mr.S.Venkatesh For R1 & R2 : Dr.T.Seenivasan Special Government Pleader For R3 : Mr.K.M.D.Muhilan Standing Counsel For R4 : Mr.S.Gopinathan Standing Counsel For R5 : Mr.P.Gurunathan Additional Government Pleader
ORDER
This Writ Petition has been filed for a direction, directing the respondents 1 and 2 to remove the name board placed by the third and fourth respondents in the property comprised in Survey No.72/4-part, New Survey No.72/4AG, Sundakamudhur Village, Coimbatore.
2. Heard the learned counsel appearing on either side and perused the materials available on record.
3. The property comprised in Survey No.72/4-part, New Survey No. 72/4AG, Sundakamudhur Village, Coimbatore Taluk, Coimbatore District, to an extent of 4350 sq.ft. belongs to the respondents 6 and 7. While being so, the petitioner entered into an agreement for sale to purchase the said property from the sixth and seventh respondents. However, the third and fourth respondents were put up a name board in the subject property stating that the said property belongs to the third and fourth respondents. The petitioner, being an agreement holder, has filed this writ petition to remove the name board put by the third and fourth respondents.
4. It is seen that thought the petitioner verified the original documents which were produced by the respondents 6 and 7 herein, he doesn't have any right over the property so far as to file this writ petition. That apart, without knowing the subject property, which according to the third and fourth respondents, belongs to them, the petitioner entered into an agreement for sale with the sixth and seventh respondents herein. Even as per the agreement, it is the duty of the sixth and seventh respondents to clear any encumbrance in the subject property. Therefore, without filing a suit as against the sixth and seventh respondents, the
petitioner simply filed this writ petition to remove the name board put up by the third and fourth respondents in the subject property.
5. In view of the above, the prayer sought for in this writ petition is not at all maintainable. Hence, this writ petition is devoid of merits and is liable to be dismissed. Accordingly, this Writ Petition stands dismissed. No costs.
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To
1. The Secretary to Municipal Administration and Water Supply, Fort St.George, Chennai-600 009
2. The Municipal Commissioner Directorate of Municipal Administration, No.75, Urban Administrative Building, Santhome High Road, MRC Nagar, Raja Annamalaipuram, Chennai-600 028
3. The Commissioner of Coimbatore Corporation Kadaiveedhi Road, Coimbatore - 1
4. Assistant Commissioner South Zone, Coimbatore Corporation, Palakadu Road, Kuniymuthur, Coimbatore-641 008
5. The Tahsildar Perur Taluk, Coimbatore.
G.K.ILANTHIRAIYAN, J.
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