Muthulakshmi(Deceased), v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.12.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.8058 of 2019 Muthulakshmi (Died) Arunachalam ... Petitioner (The petitioner is substituted as LR of the deceased petitioner vide order dated 21.12.2022 in W.M.P.(MD)No.22699 of 2022 in W.P.(MD)No.10499 of 2019 by GRSJ) Vs.

1.The Commissioner, Shenkottai Municipality, Shenkottai, Tirunelveli District.

2.The Tahsildar, Shenkottai Taluk Office, Shenkottai, Tirunelveli District.

3.Sankaralingam 4.Kaliraj 5.Mariappan ... Respondents 1/4

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, forbearing the respondents 1 and 2 from permitting the respondents 3 to 5 to construct and making pathway in the petitioner's patta land in T.S.No.1/3 situated Kalangarai, 1st Ward, Shenkottai Town, Tirunelveli District based on the petitioner's representation dated 25.03.2019.

For Petitioner : Mr.G.Gomathi Sankar For Respondents : Mr.B.Saravanan, Addl. Government Pleader for R2.

Mr.N.Ganagasapapaty for R3 to R5.

No appearance for R1.

ORDER

Heard the learned counsel on either side.

2.The petitioner seeks relief against the private respondents herein. It is not the case of the petitioner that the official respondents are interfering with his possession and enjoyment of the petition mentioned land. The petitioner has to necessarily move the jurisdictional Civil Court for relief. I make it clear that I have not gone into the merits of the matter. 2/4

3.Granting the said liberty, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. 21.12.2022 Index : Yes / No Internet : Yes/ No ias To:

The Tahsildar, Shenkottai Taluk Office, Shenkottai, Tirunelveli District.

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G.R.SWAMINATHAN, J.

ias 21.12.2022 (2/2) 4/4