S.Kokila, v. The Member Secretary,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.02.2016

CORAM:

THE HON'BLE MR. JUSTICE SATISH K. AGNIHOTRI and THE HON'BLE MR. JUSTICE M. VENUGOPAL W.P. No.5562 of 2016 S. Kokila Petitioner Vs.

The Member Secretary CMDA, Chennai 600 008 The Commissioner Corporation of Chennai Ripon Building, Chennai 600 003 The Executive Engineer Corporation of Chennai Regional Office Central II Cross Street, Pulla Avenue Shenoy Nagar, Chennai 600 030 Mohana Respondents Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of mandamus directing the respondents 1 to 3 to consider the petitioner's representation dated 04.09.2015 and to demolish the unauthorised construction of the building which is in a dilapidated condition in the 1st floor of the rear portion of the petitioner's premises at Door No.1, Guruvappa Maistry Street, Ayanavaram, Chennai - 23 comprised in Paimash No.1200 and T.S. No.93 part of block no.13 of Ayanavaram Village.

For petitioner Mr. S. Vijayaraghavan

ORDER

(delivered by SATISH K. AGNIHOTRI, J.) This writ petition is filed seeking a writ of mandamus directing the respondents 1 to 3 to consider the petitioner's representation dated 04 September 2015 and to demolish the alleged unauthorised construction of the building in question made by the fourth respondent.

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At the threshold, it is worth pointing out that the issue involved herein comes within the realm of a private dispute betwixt the petitioner and the fourth respondent, who is none other than the petitioner's elder sister. Thus, the appropriate forum, to lay at rest, the controversy between the petitioner and the fourth respondent, is the competent Civil Court and not the High Court, exercising its extraordinary jurisdiction under Article 226 of the Constitution of India. As a sequel, this writ petition is dismissed as not maintainable.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar cad To The Member Secretary CMDA Chennai 600 008 The Commissioner Corporation of Chennai Ripon Building Chennai 600 003 The Executive Engineer Corporation of Chennai Regional Office Central II Cross Street Pulla Avenue Shenoy Nagar, Chennai 600 030 +1 cc to M/s.Renukadevi Advocate sr.9878 +1 cc to M/s.R.Arunmozhi Advocate sr.9702 W.P. No.5562 of 2016 mp(co) aa25/02/2016 https://hcservices.ecourts.gov.in/hcservices/