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Madras High CourtWP/27725/2018dismissed

L.A.T.Selvaraj v. The Executive Officer

2023-07-17Honourable Mrs Justice J. Nisha Banu,Honourable Mrs Justice N. Mala4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.07.2023

CORAM

THE HON'BLE MRS. JUSTICE J.NISHA BANU AND THE HON'BLE MRS. JUSTICE N.MALA and W.M.P.No.32242 of 2018 L.A.T.Selvaraj ... Petitioner Vs.

1. The Executive Officer, Srimushnam Town Panchayat, Srimushnam 608 703 Cuddalore District.

2. The District Collector, Cuddalore District, Cuddalore - 607 001.

3. The Assistant Director, Town and Country Planning Department, Villupuram Regional Office, TADCO Building, GH Road, Villupuram.

4. S.Rajalakshmi

5. Meenakshi

6. The Inspector of Police, Page 1/4

Srimushnam Police Station, Srimushnam - 608 703.

7. Sagunthala (R7 Impleaded as per the order dt. 17.07.2023 made in W.M.P.No.17441 of 2023 in W.P.No.27725/2018 by JNBJ & NMJ) ... Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the respondents 1 to 3 to take appropriate action against the illegal constructions made by the 4th and 5th respondents herein in the property bearing Old No.12, new Door No.35, Saptharishi Street, Srimushnam Town, Cuddalore District by considering the petitioner's representation dated 08.06.2018 and reminder dated 10.08.2018.

For Petitioner : Mr.S.Gunasekaran For Respondents : Mr.M.Elumalai for R1 Mr.E.Vijay Anand, Additional Government Pleader For R2, R3 & R6 Mr.Sesubalanraja for R4 & R5

O R D E R

When the matter is taken up for hearing, the learned counsel appearing for the 7th respondent would state that the dispute is between the brother and sisters and a partition suit has already by filed before the Civil Forum in O.S.No.457/2023 on the file of Sub-Court, Page 2/4

Chidambaram.

2. Since a partition suit has been filed in respect of the subject matter of this writ petition in O.S.No.457 of 2023 on the file of SubCourt, Chidambaram, the parties shall agitate the matter before the said Civil Forum. Therefore, this Writ Petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. (J.N.B,J.) (N.M., J.) Index : Yes / No 17.07.2023 vsi To

1. The Executive Officer, Srimushnam Town Panchayat, Srimushnam 608 703 Cuddalore District.

2. The District Collector, Cuddalore District, Cuddalore - 607 001.

3. The Assistant Director, Town and Country Planning Department, Villupuram Regional Office, TADCO Building, GH Road, Villupuram.

6. The Inspector of Police, Srimushnam Police Station, Srimushnam - 608 703.

Page 3/4

J. NISHA BANU, J.

and N.MALA,J.

vsi 17.07.2023 (1/2) Page 4/4