K.Amuthavalli vs The Kodaikanal Municipality
2021 Latest Caselaw 19326 Mad

                                                                          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.



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https://www.mhc.tn.gov.in/judis/
                                                                           W.A.(MD)No.1810 of 2021



                                     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.

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, dispose of the Writ Petition, finding that the relief

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https://www.mhc.tn.gov.in/judis/ W.A.(MD)No.1810 of 2021

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.

                                                                    (M.D.,J) & (K.M.S.,J)
                                                                         21.09.2021


                   Index           : Yes/No
                   Internet        : Yes/No
                   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

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https://www.mhc.tn.gov.in/judis/ W.A.(MD)No.1810 of 2021

the advocate / litigant concerned.

To

The Commissioner, Kodaikanal Municipality, Kodaikanal.

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https://www.mhc.tn.gov.in/judis/ W.A.(MD)No.1810 of 2021

M.DURAISWAMY, J.

AND K.MURALI SHANKAR, J.

vsn/lr

JUDGMENT MADE IN W.A.(MD) No.1810 of 2021

21.09.2021

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https://www.mhc.tn.gov.in/judis/