K.Kannagi, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.09.2018

CORAM:

THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P.(MD) No.20267 of 2018 and W.M.P.(MD) No.18036 of 2018 K.Kannagi ... Petitioner vs.

1.The District Collector Karur District 2.The Tahsildar Kadavoor Taluk Office Karur District 3.Chellammal ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus directing the first and 2nd respondents to prevent the 3rd respondent from laying any road in the lands comprised in S.No.254/3 situated at Sembianatham village, Kadavoor Taluk, Karur District.

For Petitioner :

Mr.B.Jameel Arasu For Respondents:

Mr.S.Angappan Government Advocate (Civil Side) for R1 & R2

O R D E R

From the materials and the pleadings as disclosed the affidavit and the documents filed in support of the writ petition, it appears that the petitioner has some grievance as against the third respondent in respect of laying a road by closing the water channel resulting in serious hardship to her and other adjacent land owners. According to the petitioner, the third respondent has no right whatsoever to block the water channel.

2. From the above, it is clear that the petitioner has some grievance as against the third respondent, which dispute completely falls within the realm of civil dispute as between them https://hcservices.ecourts.gov.in/hcservices/

and the same cannot be brought within the ambit of the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India. In case the petitioner has any grievance as against the proposed action taken by the third respondent, it is always open to her to approach the competent Civil Court and workout her remedy in the manner known to law and it is certainly not open to the petitioner to approach this Court by invoking its writ jurisdiction.

3. With the above observations, the writ petition is dismissed as not maintainable. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS-I) To

1. The District Collector, Karur District.

2. The Tahsildar, Kadavoor Taluk Office, Karur District.

+ 1 CC TO MR.B.JAMEEL ARASU, ADVOCATE IN SR NO.86508 KRK BU/PM/SAR-1 : 09.10.2018 : 2P/4C W.P.(MD) No.20267 of 2018 and W.M.P.(MD) No.18036 of 2018 24.09.2018 https://hcservices.ecourts.gov.in/hcservices/