Pazhani v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.01.2024

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU M.Pazhani ... Petitioner -vs1.The District Collector, Collectorate, Sathuvachari, Vellore.

2.The Commissioner, Vellore Corporation, Vellore.

3.The Town Planning Officer, Vellore Corporation, Region-II, II, Regional Corporation Office, Sathuvachari, Vellore-9.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus to direct the second and third respondents to permit the petitioner to put up shed in Vellore North Door.No.30/5D, Old Door.No.15, New.Door.No.30/5 in T.S.Numbers 333/1, 333/2, 331/3, 331/4 and 331/5 in Mandi Street, Vellore-4 and to permit the petitioner to run a tea shop till the disposal of O.S.No.170 of 2022 pending on the file of the Additional District Judge (FTC), Vellore. 1/4

For Petitioner : Mr.A.Gouthaman For Respondents : Mr.V.Baranidharan, Additional Government Pleader (for R1) : Mr.P.S.Prabhu ( for R2 & R3)

O R D E R

Heard Mr. A.Gouthaman, Learned Counsel for the Petitioner, Mr. U.Baranidharan, Learned Additional Government Pleader, who takes notice for First Respondent and Mr. P.S.Prabhu, Learned Counsel, who takes notice for the Second and Third Respondents and perused the materials placed on record, apart from the pleadings of the parties. 2.

As the relief claimed in this Writ Petition could be sought by the Petitioner by way of an application in the pending suit in O.S. No. 170 of 2022 before the Additional District Judge (FTC), Vellore, it is not possible to entertain this Writ Petition. It is needless to add here that no view has been expressed by this Court on the merits of the controversy involved in the matter. 2/4

In the result, the Writ Petition is disposed with the aforesaid observations. No costs.

12.01.2024 Index: Yes/No NCC: Yes/No ta To 1.The District Collector, Collectorate, Sathuvachari, Vellore.

2.The Commissioner, Vellore Corporation, Vellore.

3.The Town Planning Officer, Vellore Corporation, Region-II, II, Regional Corporation Office, Sathuvachari, Vellore-9.

3/4

P.D. AUDIKESAVALU, J.

ta 12.01.2024 4/4