S.P.Dhanasekaran v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.12.2024

CORAM:

THE HONOURABLE Mr.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE Mr.JUSTICE C.KUMARAPPAN and CMP.No.27965 of 2024 S.P.Dhanasekaran ... Appellant -Vs1. The District Collector, Salem District, Salem.

2. The Block Development Officer, Ayothipattinam Panchayath Union, Vazhapadi Taluk, Salem District, Salem.

3. The Inspector of Police, Karipatty Police Station, Salem.

4. The President, Chinna Koundapuram Panchayath, Ayothipattinam Union, Vazhapadi Taluk, Salem District.

5. T.Suryaprakash ... Respondents 1/4

PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent praying to set aside the order dated 01.08.2024 in WP.No.21430 of 2024 and allow the Writ Appeal.

For Appellant : Mr.M.Dinesh For Respondents : Mr.P.Balathandayutham Additional Government Pleader for R1 to R4 *****

J U D G M E N T

[Judgement of the Court was made by R.SUBRAMANIAN, J] The prayer sought for by the petitioner cannot be granted in the writ jurisdiction. Even according to the petitioner, the pipe line, which has been allegedly disturbed by the 5th respondent is in Survey No.74/2, which is a cart track common to both the petitioner and the 5th respondent. The dispute is purely civil in nature and it is for the petitioner to workout his rights in the Civil Court. The writ Court has rightly dismissed the writ petition on the ground that it is open to the petitioner to approach the jurisdictional Civil Court seeking reliefs. Hence, we see no reason to interfere with the order of the Writ Court.

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2. The Writ Appeal fails and it is accordingly dismissed. No costs. Consequently, connected CMP is also closed.

[R.S.M., J] [C.K., J] 06.12.2024 Index : No Internet: Yes Speaking Order NCC : Yes/No kmi To

1. The District Collector, Salem District, Salem.

2. The Block Development Officer, Ayothipattinam Panchayath Union, Vazhapadi Taluk, Salem District, Salem.

3. The Inspector of Police, Karipatty Police Station, Salem.

4. The President, Chinna Koundapuram Panchayath, Ayothipattinam Union, Vazhapadi Taluk, Salem District.

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R.SUBRAMANIAN, J and C.KUMARAPPAN, J kmi 06.12.2024 4/4