Madras High CourtWP(MD)/18008/2018dismissed

D.Selvakumari v. The District Collector

2018-08-16Honourable Mr Justice V. Parthiban2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P.(MD) No.18008 of 2018 D.Selvakumari ... Petitioner vs.

1.The District Collector, Thanjavur, Thanjavur District.

2.The Revenue Divisional Officer, Thanjavur, Thanjavur District.

3.The Tahsildar, Thanjavur, Thanjavur District.

4.The Block Development Officer, Thanjavur, Panagal Building, Thanjavur-1.

5.G.Arun Krishnamoorthy 6.Vennila 7.J.Ramesh 8.K.Senthilkumar ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of Mandamus directing the respondents 1 to 4 to take necessary action on the respondents 5 to 8 on considering the petitioner's representation dated 06.07.2018 and also direct the respondents 1 to 4 to lay road on survey Nos.83/1B and 83/3B at Sakthi Nagar of Palliagraharam Village, Manakarambai Panchayat, Thanjavur District.

For Petitioner : Ms.S.Devasena For Respondents : Mr.A.Muthukaruppan Additional Government Pleader for R.1 to R.4

O R D E R

The prayer as sought in the writ petition appears to be a dispute purely civil in nature between the petitioner and the respondents 5 to 8.

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2. The adjudication of the dispute involves settlement of various disputes relating to factual claims in respect of the rival claims between the petitioner and the private respondents.

3. This Court does not think that such prayer can be adjudicated by this Court in its special jurisdiction under Article 226 of the Constitution of India. In case, the petitioner has any grievance regarding laying of road and any right the petitioner wants to espouse as against the private respondents, it is always open to the petitioner to approach the competent civil Court for redressing her grievance. Certainly it is not open to the petitioner herein to approach this Court by invoking its extraordinary jurisdiction under Article 226 of the Constitution of India.

4. Therefore, this Court is of the considered view that the Writ Petition is not maintainable and the same is dismissed. No costs.

Sd/- Assistant Registrar (CS-II) /True Copy/ Sub Assistant Registrar (CS-III) To:

1.The District Collector, Thanjavur, Thanjavur District.

2.The Revenue Divisional Officer, Thanjavur, Thanjavur District.

3.The Tahsildar, Thanjavur, Thanjavur District.

4.The Block Development Officer, Thanjavur, Panagal Building, Thanjavur-1.

+1CC TO Ms.S.DEVASENA ADVOCATE IN SR.No.79040. SSL DS RSK SAR-3 ;03.09.2018; 2P/6C W.P.(MD) No.18008 of 2018 16.08.2018 https://hcservices.ecourts.gov.in/hcservices/