K.Amuthavalli v. Kodaikanal Municipality,

W.A(MD)No.1810 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.09.2021 CORAM :

THE HON'BLE MR.JUSTICE M.DURAISWAMY AND THE HON'BLE MR.JUSTICE K. MURALI SHANKAR W.A(MD)No.1810 of 2021 K.Amuthavalli ... Appellant/Petitioner Vs

1. The Kodaikanal Municipality, Rep by its Commissioner, Kodaikanal.

2. S.Govindan, Chairman, Kodaikanal Municipality, Kodaikanal.

3. Periyasamy, Town Planning Officer, Kodaikanal Municipality, Kodaikanal.

... Respondents/Respondents PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent praying this Court to set aside the order passed by this Court in W.P(MD).No.6057 of 2013, dated 29.06.2021.

Prayer in WP(MD). 6057/ 2013 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus, directing the Respondents to compensate the petitioner for having illegally demolished the walls of the petitioner s approved buildings bearing D.No. 22/5, 22/5-1 to 22/5-25, Post Office Road , Kodaikanal, Dindigul District and pass such other orders. For Appellant :

Mr.V.M.Balamohanthampi For respondent-1 :

Mr.T.S.Mohamed Mohideen

JUDGMENT

[Judgment of the Court was made by M.DURAISWAMY,J] Challenging the order passed in W.P(MD)No.6057 of 2013, dated 29.06.2011, the writ petitioner has filed the above Writ Appeal. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.A(MD)No.1810 of 2021 2.The appellant filed the Writ Petition to issue a Writ of Mandamus, directing the respondents to compensate him for having illegally demolished the walls of her building bearing Door No. 22/5, 22/5-1 to 22/5-25, Post Office Road, Kodaikanal, Dindigul District.

3.It is the case of the appellant that the compound wall was demolished by the officials of the first respondent on 05.04.2013, illegally. Hence, she is entitled to claim damages. 4.The learned Single Judge, taking into consideration the case of both the parties, disposed of the Writ Petition, finding that the relief sought for in the Writ Petition claiming damages can only be sought before a competent Civil Court and not under Article 226 of the Constitution of India. Since, the prayer relating to the payment of compensation is a matter for evidence, such issue cannot be decided in a Writ Petition under Article 226 of the Constitution of India.

5.Such being the case, we do not find any error in the order passed by the learned Single Judge. The Writ Appeal is devoid of merits and the same stands dismissed. No costs. Sd/- Assistant Registrar (AS) // True Copy // / /2021 Sub Assistant Registrar(CS) vsn/lr Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To The Commissioner, Kodaikanal Municipality, Kodaikanal.

+1 CC to M/s.V.M.BALAMOHAN THAMBI, Advocate ( SR-29978[F] dated 22/09/2021 ) W.A.(MD) No.1810 of 2021 21.09.2021 RK (30.09.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2