The Nggo Colony Residents, v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR The NGGO Colony Residents Welfare Association rep.by its President reg.No.104/99 NGGO Colony Srivilliputhur 626 125 Virudhunagar District ... Petitioner -vs1.The District Collector Virudhunagar Virudhunagar District 2.The Commissioner Srivilliputhur Municipality Srivilliputhur Virudhunagar District 3.The Deputy Registrar of Cooperatives Housing Society Limited Virudhunagar Region Virudhunagar District

4.The Special Officer Srivilliputhur Circle Cooperative Housing Society, Srivilliputhur Virudhunagar 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 the evict the fourth responent from the community hall and hand over the community centre to the petitioner association based on the petitioner representation dated 20.04.2018 within the time stipulated by this Court. For Petitioner :

Mr.S.Alagusundar For Respondents :

Mr.T.Amjadkhan Government Advocate for R1 & R3 Mr.J.Parakkumar for R2 Mr.R.Saravanan for R4

O R D E R

[Order of the Court was made by D.KRISHNAKUMAR, J.] Prayer in this writ petition is to direct the respondents 1 to 3 to the evict the fourth responent from the community hall and handover the same to the petitioner - Association based on their representation dated 20.04.2018, within the time stipulated by this Court.

2. The fourth respondent has filed a counter affidavit denying the right of the petitioner - Association over the subject community hall.

3. On a perusal of the materials available on record, we are of the view that the case on hand involves disputed question of facts, which cannot be decided under Article 226 of the Constitution of India and it can be decided only based on the oral and documentary evidence adduced by the parties concerned. Hence, it is for the petitioner - Association to approach the appropriate Forum, if they are having any right over the subject community hall and work out their remedy in accordance with law.

4. With the above observation, this writ petition is disposed of. No costs.

[D.K.K., J.] [R.V., J.] 13.02.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk

To:

1.The District Collector, Virudhunagar, Virudhunagar District.

2.The Deputy Registrar of Cooperatives, Housing Society Limited, Virudhunagar Region, Virudhunagar District.

D.KRISHNAKUMAR , J.

and R.VIJAYAKUMAR, J.

krk 13.02.2024