Madras High CourtWP(MD)/17502/2018dismissed

S.Karuppaiah v. The District Collector

2018-09-17Honourable Mr Justice V. Parthiban3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.09.2018

CORAM

THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P.(MD)No.17502 of 2018 and W.M.P(MD)No.15384 of 2018 S.Karuppaiah ... Petitioner Vs.

1.The District Collector, Dindigul District.

2.The Superintendent of Police, 3.The Revenue Divisional Officer, 4.The Deputy Superintendent of Police, 5.The Inspector of Police, Dindigul Taluk Police Station, 6.Katturaja 7.Manivel 8.Senthilkumar, 9.Marimuthu

...Respondents

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 1 to 5 to take appropriate action against the respondents 6 to 9 to register the complaint for demolition of the petitioner's house and excommunication and to pay the appropriate compensation to the petitioner by considering the petitioner's representation dated 19.03.2018.

For Petitioner : Mr.V.Panneer Selvam For Respondents : Mr.M.Jeyakumar Addl. Govt. Pleader (for R1 to R5) Mr.F.X.Ugenue (for R6 to R9)

O R D E R

The writ petition has been filed seeking a direction to the respondents 1 to 5 to take appropriate action against the private respondents namely, the respondents 6 to 9 in regard to demolition of the petitioner's house and ex-communication and for payment of appropriate compensation.

2.Such a prayer cannot be brought within the ambit of Article 226 of the Constitution of India, since it appears to be a private dispute between the petitioner and the respondents 6 to 9. In case, the petitioner is aggrieved by any action of the private respondents, it is always open to him to approach the appropriate authority and seek appropriate remedy therefrom. Instead of approaching the appropriate authority, the petitioner has chosen to invoke the extraordinary jurisdiction under Article 226 of the Constitution of India.

3.Therefore, this Court is of the considered view that the prayer as such made in this writ petition cannot be entertained by this Court and hence, the writ petition stands dismissed as being not maintainable.

No costs.

Consequently, connected miscellaneous petition is also dismissed.

Sd/- Assistant Registrar (CS-I) // True Copy // Sub Assistant Registrar(CS-I) To 1.The District Collector, Dindigul District.

2.The Superintendent of Police, 3.The Revenue Divisional Officer, 4.The Deputy Superintendent of Police,

5.The Inspector of Police, Dindigul Taluk Police Station, +1 CC To MR.V.PANNEER SELVAM, Advocate SR. NO.84977 +1 CC To MR.F.X.EUGENE, Advocate SR. NO. 84782 +1 CC TO The Special Government Pleader SR.NO. 84738 W.P.(MD)No.17502 of 2018 and W.M.P(MD)No.15384 of 2018 17.09.2018 SKN TR/SKN/SAR-I(25.10.2018)3P 9C