Sathya, v. The Commissioner,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.06.2017

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.P.[MD].No.12114 of 2017 Sathya : Petitioner Vs.

1.The Commissioner, Madurai Corporation, Madurai 20.

2.Jeevanatham : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first respondent to take appropriate steps to remove the wall constructed illegally and the illegal encroachments made by the second respondent on the common way [Lane] comprised in Survey No.210/7 of Thirupparankundram Village, Madurai District, measuring 88 feet on east-west and 5 feet width north-south, on the basis of the petitioner's representation dated 03.04.2017, within a time frame.

For Petitioner : Mr.R.Aravindan For Respondent :Mr.T.S.Mohamed Mohideen

O R D E R

*********** [Order of the Court was made by T.S.SIVAGNANAM, J.] The petitioner is before this Court seeking a direction to the first respondent to take action to remove the encroachments made by the second respondent into a common lane, based on his representation dated 03.04.2017. A photograph of the alleged encroachment has been produced in page No.19 of the typed set of papers, from which we find that it is a dispute between the petitioner and the second respondent, who appears to be the adjacent owner of the property and the lane appears to be a private passage. Thus, we are not inclined to grant the relief sought for by the petitioner. Hence, the Writ Petition is dismissed. No costs.

Sd/- Assistant Registrar(P&A) / True Copy / Sub Assistant Registrar(C.S.) https://hcservices.ecourts.gov.in/hcservices/

To The Commissioner, Madurai Corporation, Madurai 20.

+1cc to M/S.T.S.MOHAMED MOHIDEEN, Advocate SR.No.62998 +1cc to M/S.R.ARAVINDAN, Advocate SR.No.63001 NB MAS/MR-KKR/SAR1:07.07.2017:2P-4C ORDER MADE IN W.P.[MD].No.12114 of 2017 30.06.2017 https://hcservices.ecourts.gov.in/hcservices/