Madras High CourtWP(MD)/13706/2016dismissed

Arul Selvam, v. The Commissioner

2016-11-03Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.11.2016

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition (MD) No.13706 of 2016 Arul Selvam rep. By Power Agent Veeravel ... Petitioner Vs.

1.The Commissioner, Aranthangi Municipality, Aranthangi, Pudukkottai District.

2.Srinivasan Pillai 3.Nallathambi Pillai ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the 1st respondent to consider the petitioner's representation dated 20.06.2016 and dispose of the same within reasonable time frame relating 12' pathway or street on the east of buildings in S.No.202/14 at Lakshmi Narasimhapuram, Aranthangi Taluk , Pudukottai District.

For Petitioner : Mr.N.Balakrishnan For Respondents : Mr.P.Mahendran for R-1 Mr.K.Balasundharam for R-2 and R-3

ORDER

The writ petition has been filed seeking a direction directing the 1st respondent to consider the petitioner's representation dated 20.06.2016 and dispose of the same within reasonable time frame relating 12' pathway or street on the east of buildings in S.No.202/14 at Lakshmi Narasimhapuram, Aranthangi Taluk , Pudukottai District.

2.According to the petitioner, the common pathway mentioned in the sale deed has been obstructed by the respondents 2 and 3 and using the same.

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

3.Heard both sides and perused the documents carefully. 4.It is purely a civil dispute between the petitioner and the respondents 2 and 3 and remedy is available only before a civil court, and it cannot be decided in the writ petition. 5.Hence, this writ petition is dismissed. However, liberty is granted to the petitioner to approach the competent civil court to redress his grievance, if the respondents 2 and 3 are preventing the petitioner from using the common pathway. There shall be no order as to costs.

Sd/- Assistant Registrar (Crl.) /True copy/ Sub Assistant Registrar To The Commissioner, Aranthangi Municipality, Aranthangi, Pudukkottai District. +1 CC to Mr.K.BAALASUNDARAM, Advocate, SR No.65747 +1 CC to Mr.P.MAHENDRAN, Advocate, SR No.65855 W.P(MD)No.13706 of 2016 03.11.2016 vs SH/SS-2:24.11.2016:2P/4C https://hcservices.ecourts.gov.in/hcservices/