Madras High Court
K.Rajapandian vs The Commissioner on 7 August, 2023
W.P.(MD) No.8373 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 07.08.2023
CORAM:
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
and
THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.P.(MD) No.8373 of 2023
and
W.M.P.(MD)Nos.7712 and 11489 of 2023
K.Rajapandian : Petitioner
-vs-
1.The Commissioner,
Thoothukudi Corporation,
Thoothukudi.
2.The Executive Engineer,
Thoothukudi Corporation,
Thoothukudi. : Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India,
to issue a Writ of Mandamus, forbearing the respondents from
putting up the construction of the public latrine encroaching into the
private property bearing T.S.No.1355/1A and 1363 situated in
Auvdaiyarpuram, Thoothukudi District by considering the petitioner's
representation dated 20.03.2023.
For Petitioner : Mr.G.Prabhu Rajadurai
https://www.mhc.tn.gov.in/judis
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Page 1 of 6
W.P.(MD) No.8373 of 2023
For Respondents : Mr.Veerakathiravan
Additional Advocate General
Assisted by
Mr.N.Anandakumar
: Mr.S.M.Ananda Murugan
Owner of the property
ORDER
[Order of the Court was made by S.S.SUNDAR, J.]
This Writ Petition is filed for issuance of Writ of Mandamus, to
forbear the respondents from putting up the construction of the
public latrine encroaching into the private property bearing T.S.Nos.
1355/1A and 1363 in Auvdaiyarpuram, Thoothukudi District.
2. It is case of the petitioner that the property in T.S.Nos.
1355/1A and 1363 measuring to an extent of 1.18 acres is the
property of one Sivagami Thaiammal and the said land is situated
within the jurisdiction of Thoothukudi Municipal Corporation. Stating
that the original owner abandoned the property about 75 years ago,
the petitioner has come forward with the above writ petition alleging
that the local body is trying to construct a public toilet. Since the
grievance of the petitioner is that the petitioner has a residence
adjoining this property, where the public toilet has been put up by
the local body. It is also stated that the petitioner filed a civil suit in
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W.P.(MD) No.8373 of 2023
O.S.No.185 of 2018 before the learned District Munsif Court,
Thoothukudi for injunction against the private persons who had rival
claim in respect of the same property. Stating that the petitioner has
obtained a decree against such individuals who tried to encroach the
suit property, the petitioner further stated that the petitioner's right
of possession is affected by the construction proposed by the local
body.
3. This Court is unable to appreciate any of the contentions of
the petitioner. The petitioner has not produced any records to show
the possession of the property. The petitioner admits ownership in
favour of a private individual, by name, Sivakasi Thaiammal.
Therefore, the petitioner may not succeed and establish adverse
possession even against the private owner. The respondents have put
up no construction. It is the case of the respondents that they have
constructed the toilet only in S.No.1379/2, Bala Vinnayagar Kovil
Street, which belongs to the local body. It is also stated that the
location of public toilet is the ideal place which is meant for the public
at large and the petitioner's claim which is unsupportable by any
documents, is liable to be rejected. Though this Court is not going to
decide the title or right, this Court sees no document in favour of the
petitioner who claims ownership or physical possession over the
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W.P.(MD) No.8373 of 2023
property. The petitioner who has filed a civil suit against the third
party cannot rely upon the said judgment to claim ownership as
against the local body. Since the toilet has now been constructed and
the stage of construction is almost completed, the further
construction is stalled by virtue of interim order passed by this Court.
4. In view of the above, this Court finds no merit in this petition
and accordingly, this Writ Petition is dismissed. No costs.
Consequently, connected miscellaneous petitions are closed.
[S.S.S.R., J.] [D.B.C., J.]
07.08.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
sji
To
1.The Commissioner,
Thoothukudi Corporation,
Thoothukudi.
2.The Executive Engineer,
Thoothukudi Corporation,
Thoothukudi.
https://www.mhc.tn.gov.in/judis
____________
W.P.(MD) No.8373 of 2023
https://www.mhc.tn.gov.in/judis
____________
W.P.(MD) No.8373 of 2023
S.S.SUNDAR, J.
and
D.BHARATHA CHAKRAVARTHY, J.
sji
W.P.(MD) No.8373 of 2023
and
W.M.P.(MD)Nos.7712 and 11489 of 2023
07.08.2023
https://www.mhc.tn.gov.in/judis
____________
