Madras High Court
S.V.S.Gowthamaraja vs The District Collector on 27 July, 2023
W.A(MD)No.1169 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 27.07.2023
CORAM:
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
and
THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.A(MD)No.1169 of 2023
and
C.M.P(MD)No.8931 of 2023
S.V.S.Gowthamaraja ... Appellant/Petitioner
Vs.
1.The District Collector,
Madurai District,
Collectorate,
Madurai – 625020.
2.The District Revenue Officer,
District Revenue Office,
Madurai District,
Madurai – 625 020.
3.The Assistant Director of Town Panchayats,
O/o.The Assistant Director of Town Panchayats,
Collectorate, Madurai – 625020.
4.Sholavandan Town Panchayat,
Rep. by its Executive Officer,
Sholavandan Post,
Vadipatti Post,
Madurai District.
1/6
https://www.mhc.tn.gov.in/judis
W.A(MD)No.1169 of 2023
5.C.Murugappa ... Respondents/Respondents
Prayer: Writ Appeal filed under Clause 15 of the Letters Patent, against
the order dated 29.06.2022 made in W.P(MD)No.11118 of 2022.
For Appellant :Mr.M.Venkatesan
For R-1 to R-4 :Mr.D.Sachikumar,
Additional Government Pleader
For R-5 :Mr.D.senthil
***
JUDGMENT
(Judgment of the Court was delivered by S.S.SUNDAR, J.)
Heard Mr.D.Senthil, learned counsel for the appellant,
Mr.D.Sachikumar, learned Additional Government Pleader, who takes
notice for respondents 1 to 4 and Mr.D.Senthil, learned counsel, who
takes notice for the fifth respondent.
2. This writ appeal is directed against the order dated
29.06.2022 in W.P(MD)No.11118 of 2022, passed by the learned Single
Judge dismissing the writ petition filed by the appellant.
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W.A(MD)No.1169 of 2023
3. The appellant/writ petitioner is a resident of Solaikurichi
Village. He filed the writ petition seeking for issuance of a Writ of
Mandamus, directing the respondents 1 to 4 not to give any building plan
approval as well as any building construction permission to the fifth
respondent in patta No.1353, comprised in S.No.126A/2 to an extent of
648 sq. feet of Solaikurichi Village, Vadipatti Taluk, Madurai District,
based on the representation. dated 20.04.2022.
4. It is the case of the appellant that the fifth respondent is
putting up construction in a public pathway. However, the appellant has
not produced any document to show that the construction is put up in a
public property or in a property which is classified as a pathway.
5. The learned Single Judge has found that the fifth respondent
has produced patta to show that the construction is put up by the fifth
respondent only in his patta land. In such circumstances, the learned
Single Judge has no other option except to dismiss the writ petition
rejecting the request of the writ petitioner.
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W.A(MD)No.1169 of 2023
6. The learned Single Judge in Paragraph No.3 of the order, has
observed as follows:
“It is not possible either for this Court or the planning
authority to construe the said documents and arrive at the
conclusion as sought for by the petitioner. The petitioner has moved
the jurisdictional civil Court and filed a suit for appropriate relief.
There is no restraint order passed by the jurisdictional civil Court.
The planing authorities will of course consider the case of the fifth
respondent on merits and in accordance with law. I make it clear
that the outcome of this writ petition will not weaken the case of the
petitioner nor strengthen the case of the fifth respondent. This writ
petition stands disposed of. No costs. Consequently, connected
miscellaneous petition is closed.”
7. It is now brought to the notice of this Court that appellant’s
cousin brother has also filed a civil suit and the same is also pending.
Further, it is represented by the learned counsel appearing for the fifth
respondent that yet another cousin brother of the petitioner has moved
the Revenue Officials for cancellation of patta. In such circumstances,
this Court finds no merit in this writ appeal as the appellant has effective
alternative remedy to approach the civil Court to establish his case.
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W.A(MD)No.1169 of 2023
8. In view of the above, this Court finds no reason to interfere
with the order passed by the learned Single Judge. Therefore, this writ
appeal is dismissed. No Costs. Consequently, connected miscellaneous
petition is closed.
[S.S.S.R., J.] [D.B.C., J.]
27.07.2023
Index : Yes / No
NCC : Yes/No
pm
To
1.The District Collector,
Madurai District,
Collectorate,
Madurai – 625020.
2.The District Revenue Officer,
District Revenue Office,
Madurai District,
Madurai – 625 020.
3.The Assistant Director of Town Panchayats,
O/o.The Assistant Director of Town Panchayats,
Collectorate, Madurai – 625020.
4.The Executive Officer,
Sholavandan Town Panchayat,
Sholavandan Post,
Vadipatti Post,
Madurai District.
https://www.mhc.tn.gov.in/judis
W.A(MD)No.1169 of 2023
S.S.SUNDAR, J.
and
D.BHARATHA CHAKRAVARTHY, J.
pm
W.A(MD)No.1169 of 2023
27.07.2023
https://www.mhc.tn.gov.in/judis
