A.I.B.E.A. Nagar (Paravai) v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.08.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR and THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.(MD) No.14762 of 2021 A.I.B.E.A.Nagar (Paravai) B Colony Residents Welfare Protection Society through its Gener5al Secretary A.R.Ravi 7-3-243, AIBEA Nagar B Colony 4th Street Paravai, Madurai District-625 402 ... Petitioner -vs1.The District Collector Madurai District, Madurai 2.The Deputy Director of Town and Country Planning Madurai 3.Paravai Selection Grade Panchayat Paravai, Madurai District represented by its Executive Officer 4.A.I.B.E.A.Nagar (Paravai) Residents Welfare Association represented by its Secretary K.Alagarsamy Plot No.396, AIBEA Nagar, B Colony Paravai, Madurai District ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 1 to 3 to repair and maintain the access in the present position by filling the pit formed connecting the northern and southern portion of AIBEA Nagar 'B' Colony, Paravai, Madurai District, in consideration of the petitioner's representation dated 30.11.2020. For Petitioner :

Mr.G.Prabhu Rajadurai For Respondents :

Mr.P.Thilakkumar Government Pleader for R1 to R3 Mr.N.Dilip Kumar for Mr.I.Viswanathan for R4

O R D E R

[Order of the Court was made by S.S.SUNDAR, J.] In view of the order dated 18.08.2023 passed by this Court in W.P.(MD) No.16602 of 2016, the relief sought for by the petitioner in this writ petition cannot be granted. Hence, this writ petition is dismissed. However, it is open to the petitioner to approach the Civil Court to establish his right of way. No costs. Consequently, connected miscellaneous petition is closed. [S.S.S.R., J.] [D.B.C., J.] 18.08.2023 (3/5) NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk

To:

1.The District Collector, Madurai District, Madurai.

2.The Deputy Director of Town and Country Planning, Madurai.

3.The Executive Officer, Paravai Selection Grade Panchayat, Paravai, Madurai District.

S.S.SUNDAR , J.

and D.BHARATHA CHAKRAVARTHY , J.

krk and W.M.P.(MD) No.14762 of 2021 18.08.2023 (3/5)