B.Rajendran vs The Commissioner
2023 Latest Caselaw 13941 Mad

                                                                       W.P.(MD)No.7134 of 2021




                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED : 17.10.2023

                                                    CORAM

                          THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                             W.P.(MD)No.7134 of 2021



                    B.Rajendran                                       ... Petitioner
                                                       Vs.


                    1.The Commissioner,
                      Madurai Corporation,
                      Madurai – 625 002.

                    2.The Deputy Commissioner,
                      Madurai Zone - 1,
                      Madurai Corporation,
                      Madurai – 625 001.

                    3.Pandiarajan                                     ...Respondents


                    PRAYER: Writ Petition filed under Article 226 of the Constitution of
                    India for issuance of Writ of Mandamus, directing the respondents 1 and 2
                    to take appropriate action as per the proceedings of the 2nd respondent
                    dated 11/07/2019 in proceeding No.Na.Ka.No.M1 A9/00310/2019 and the
                    representation made by the petitioner dated 18/02/2021.



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                                                                         W.P.(MD)No.7134 of 2021

                                        For Petitioner            : Mr.K.C.Ramalingam

                                        For Respondents          : Ms.S.Devasana,
                                                                   Standing Counsel
                                                                   (For R-1 & R-2)

                                                                 : Mr.V.N.Arjun
                                                                   for Mr.N.Vallinayagam
                                                                   (For R-3)
                                                    ORDER

This writ petition has been filed for the issue of writ of

mandamus directing the first and second respondents to take appropriate

action as per the proceedings of the second respondent dated 11.07.2019

and to deal with the representation made by the petitioner on 18.02.2021,

wherein, the petitioner is seeking for taking action against the third

respondent on the alleged ground that the third respondent had encroached

upon the property of the petitioner and put up an illegal construction.

2. Heard the learned counsel appearing for the petitioner, as

well as the learned Standing Counsel appearing for the first and second

respondents and the learned counsel appearing for the third respondent.

3. When the matter was taken up for hearing, the learned

counsel appearing for the third respondent submitted that there are three

https://www.mhc.tn.gov.in/judis W.P.(MD)No.7134 of 2021

suits pending in this regard. O.S.No.266 of 2019 has been filed by the

third respondent and his wife against the petitioner and one Vinothpandian

seeking for the relief of permanent injunction. O.S.No.277 of 2019 has

been filed by the petitioner against the third respondent and others which

also includes the Madurai Corporation seeking for the relief of declaration

and for permanent injunction and for mandatory injunction to remove the

construction put up by the third respondent in the portion belonging to the

petitioner. O.S.No.565 of 2019 has been filed by the third respondent and

his wife against the Madurai Corporation seeking for the relief of

permanent injunction. All the suits are now pending before the concerned

Civil Courts. The learned counsel appearing for the third respondent by

relying upon the Judgment of the Hon’ble Apex Court in the case of State

of Bihar and others Vs. Jain Plastics and Chemicals Limited reported in

2002 (1) CTC 254 and in the case of S.Krishnasamy Bhattar Vs, The

Joint Commissioner, HR & CE Administration Department,

Kancheepuram and others in W.P.No.1088 of 2023, dated 12.07.2023,

submitted that there is an efficacious alternative remedy available to the

petitioner and therefore, the petitioner cannot be allowed to work out his

remedy before a writ court.

https://www.mhc.tn.gov.in/judis W.P.(MD)No.7134 of 2021

4. The learned Standing Counsel appearing on behalf of the

Madurai Corporation submitted that in view of the pendency of the

proceedings between the parties before the Civil Court, the representation

made by the petitioner dated 18.02.2021 cannot be acted upon for the

present.

5. Taking into consideration the facts and circumstance of the

case and also of the fact that the parties are already agitating their rights

before the competent Civil Court, this writ petition cannot be entertained.

The relief sought for by the petitioner cannot be granted by this court. It is

left open to the parties to work out their remedy in the pending civil

proceedings and the Civil Court shall proceed further to deal with the same

on its own merits and in accordance with law.

6. This Writ Petition is disposed of in the above terms. No

costs.

17.10.2023 NCC:yes/no Index:yes/no Internet:yes/no tsg

https://www.mhc.tn.gov.in/judis W.P.(MD)No.7134 of 2021

To The Revenue Divisional Officer, Thiruvadanai Taluk, Ramanathapuram.

https://www.mhc.tn.gov.in/judis W.P.(MD)No.7134 of 2021

N.ANAND VENKATESH, J

tsg

W.P.(MD)No.7134 of 2021

17.10.2023

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