M.A.M. Kramasamy v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.09.2015 C O R A M THE HONOURABLE MS.JUSTICE V.M.VELUMANI W.P(MD) No.3987 of 2014 and M.P(MD)No.1 of 2014 M.A.M.Ramasamy S/o.Raja Sir M.A.Muthiah Chettiar Represented by its power agent A.Subramaniyan, S/o.A.K.Annamalai Chettiar, No.B2, Ranimeiyammai Quarters, Chettinad Cement Corporation Limited, Puliyur, Karur District.

... Petitioner Vs.

1.The Commissioner, Karur Municipality, Karur.

2.The Tahsildar, Karur Municipality, Karur.

... Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus, forbearing the first respondent from forming paver block road in the petitioner property comprised in survey Nos.T.S.No.2932, 2963 to 2973, 2928/1 and 2928/5 ward 1 of Karur Municipality.

For petitioner ...Mr.R.Murali For R1 ...Mr.K.Balasubramani For R2 ...Mr.V.Muruganandam Addl. Govt. Pleader

O R D E R

The writ petition has been filed for a writ of mandamus, forbearing the first respondent from forming paver block road in the petitioner's property comprised in survey Nos.T.S.No.2932, 2963 to 2973, 2928/1 and 2928/5 ward 1 of Karur Municipality.

2.According to the petitioner, there is a road in Sannathi Street. The first respondent is in the guise of, renovating the said road trying to lay the paver block road in his patta land. He has given a representation to the second respondent to survey the land. The second respondent did not survey the land. In the circumstances, the petitioner has come out with the present writ petition for a relief of forbearing the respondents from forming Paver Block road in his land. 3.The petitioner is claiming ownership of the property in question. This can be decided only by Civil Court. The petitioner is not entitled to relief as claimed in the writ petition. Appropriate remedy available to the petitioner is to approach concerned Civil Court having jurisdiction.

https://hcservices.ecourts.gov.in/hcservices/

4.For the above reasons, the writ petition is dismissed. No cost. Consequently, connected miscellaneous petition is also dismissed. Sd/- The Assistant Registrar(AE) /True copy/ Sub-Assistant Registrar To 1.The Commissioner, Karur Municipality, Karur.

2.The Tahsildar, Karur Municipality, Karur.

+1cc to Mr.M.Suresh Kumar, Advocate SR.No.55615 +1cc to the special Government Pleader SR.No.55449 JAM:SKS:08.10.2015:2P/5c W.P(MD)No.3987 of 2014 18.09.2015 https://hcservices.ecourts.gov.in/hcservices/