Palanichamy v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.03.2025

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P.(MD)No.7932 of 2025 Palanichamy ... Petitioner -Vs1.The District Collector, Trichy District, Trichy.

2.The Block Development Officer, Panchayat Union, Manikandam, Srirangam Taluk, Trichy District.

3.The Deputy Block Development Officer, Panchayat Union, Manikandam, Srirangam Taluk, Trichy District.

4.Savarimuthu ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 3 to remove the sand loaded by the 4th respondent before laying cement road in East West road situated in Survey No.70/2 situated in Sethurapatti Village, Srirangam Taluk, Trichy District within a time frame stipulated by this Court.

For Petitioner : Mr.I.Velpradeep For R1 to R3 : Mr.P.Thilak Kumar, Government Pleader

ORDER

[Order of the Court was made by J.NISHA BANU, J.] By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

2.The petitioner seeks a direction to the respondents 1 to 3 to remove the sand loaded by the 4th respondent in front of the house of the petitioner situated in Survey No.70/2, Sethurapatti Village, Srirangam Taluk, Trichy District before laying cement road in East West road.

3.Mr.P.Thilak Kumar, learned Government Pleader takes notice for the respondents 1 to 3. Notice to the 4th respondent is dispensed with, since no adverse order is going to be passed as against him. 4.On perusal of the affidavit filed by the petitioner, it is seen that the dispute involved in this petition is civil in nature and the petitioner has already

filed a suit in O.S.No.104 of 2024 seeking permanent injunction before the Sub Court, Trichy. Pending the same, he has filed this Writ Petition. Therefore, the petitioner can seek his remedy before the civil forum in O.S.No.104 of 2024 and we are not inclined to entertain this Writ Petition. Accordingly, this Writ Petition is dismissed. No costs.

[J.N.B., J.] & [S.S.Y., J.] 21.03.2025 NCC : Yes / No Index : Yes / No Yuva To 1.The District Collector, Trichy District, Trichy.

2.The Block Development Officer, Panchayat Union, Manikandam, Srirangam Taluk, Trichy District.

3.The Deputy Block Development Officer, Panchayat Union, Manikandam, Srirangam Taluk, Trichy District.

J.NISHA BANU, J.

AND S.SRIMATHY , J.

Yuva W.P.(MD)No.7932 of 2025 21.03.2025