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Madras High CourtWP(MD)/13797/2018dismissed

Suresh Kumar v. The District Collector

2018-07-03Honourable Mr Justice M. Govindaraj2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.07.2018

CORAM

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ W.P(MD)No.13797 of 2018 and W.M.P.(MD) No.12512 of 2018 Suresh Kumar ... Petitioner Vs.

1.The District Collector, Thoothukudi District, Thoothukudi.

2.The Deputy Director, Health Services Office, Kovilpatti, Thoothukudi District.

... Respondents PRAYER:

Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus restraining the respondents from put up any construction in the petitioner's property in G.R.Natham Sy.No.13/2H1A1 to the extent of 59 cents out of 94 cents in the northern side out of the total extent is 2 acres 5 cents situated at Eluppaiyurani Village ward D22, D2-31, Kovilpatti Sub Registrar Circle, Palayamkottai Registration District Thoothukudi District, on the basis of the petitioner's representation dated 25.06.2018.

For Petitioner : Mr.A.Sankararamasubramanian For Respondents : Mr.J.Gunaseelan Muthaiah Additional Government Pleader

O R D E R

The relief sought for by the petitioner is purely of civil nature. If at all he wants to get an order of injunction on the disputed facts, he has to approach civil court for getting his grievance redressed. The writ petition under Article 226 of the Constitution of India cannot be entertained on factual disputes. https://hcservices.ecourts.gov.in/hcservices/

Hence, the writ petition is not maintainable. Accordingly, the same is dismissed. No costs. It is always open to the petitioner to approach the civil court for getting grievance redressed. Consequently, connected W.M.P.(MD) No.12512 of 2018 is also dismissed.

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To, 1.The District Collector,Thoothukudi District,Thoothukudi. 2.The Deputy Director,Health Services Office,Kovilpatti, Thoothukudi District.

+1cc to M/S.A.Sankararamasubramanian, Advocate SR.No. 70968 +1cc to Special Government Pleader, SR.No. 71353 W.P(MD)No.13797 of 2018 and W.M.P.(MD) No.12512 of 2018 cm JM/SV/SAR 4/18.07.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/