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Madras High CourtWP/29939/2012dismissed

A.Abdul Sukkur, v. The Director Of Municipal

2016-11-24Honourable The Chief Justice,Honourable Mr Justice R. Mahadevan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.11.2016

CORAM

The HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The HON'BLE MR.JUSTICE R.MAHADEVAN W.P.No.29939 of 2012 A.Abdul Sukkur .. Petitioner vs.

1. The Director of Municipal Administration Chepauk, Chennai - 5.

2. The Regional Director of Municipal Administration (RDMA) Kakithapattarai, Sarathy Nagar Sathuvacherry, Vellore.

3. The Commissioner Office of the Commissioner of Arakkonam Municipality Arakkonam Town, Arakkonam.

4. Moorthy

5. Lakshmi .. Respondents PRAYER: Petition under Article 226 of the Constitution of India for issuance of a writ of Mandamus directing the 3rd respondent to remove the unauthorized construction by the 4th and 5th respondents by way of encroachment in Door No.10/2, S.No.315/1 Pt. Pole Naicken Lane and Street, under Arakkonam Municipality by violating the order of the 3rd respondent proceedings in Na.Ka.2654/12/F1, dated 24.9.2012.

For Petitioner : No appearance For Respondents : Mr.R.Vijayakumar Addl. Government Pleader for respondents 1 to 3 Mr.G.Jermiah for respondents 4 and 5 https://hcservices.ecourts.gov.in/hcservices/

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) The petitioner filed an earlier writ petition No.23275 of 2012 with an identical prayer which was dismissed on 28.2.2012, as the petitioner, in effect, in a private dispute was seeking to enforce the decree of injunction passed in a suit. The Division Bench opined that the petitioner has chosen a wrong forum for enforcement of a decree.

2. This is the second petition for the same relief, when it is quite obvious that the remedy of the petitioner lay by execution of the decree.

The petition is dismissed. No costs. Consequently, M.P.No.1 of 2012 is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To:

1. The Director of Municipal Administration Chepauk, Chennai - 5.

2. The Regional Director of Municipal Administration (RDMA) Kakithapattarai, Sarathy Nagar Sathuvacherry, Vellore.

3. The Commissioner Office of the Commissioner of Arakkonam Municipality Arakkonam Town, Arakkonam.

+1cc to Mr.B. Nembiselvan, Advocate, S.R.No.69137 +1cc to Mr.S. Ravendran, Advocate, S.R.No.68665 kgk(CO) md(05/12/2016) W.P.No.29939 of 2012 https://hcservices.ecourts.gov.in/hcservices/