K.Mahendran v. The Commissioner

ORDER This Writ Petition is filed for Writ of Mandamus, to direct the respondents not to interfere in the private pathway dispute, pending in O.S.No. 376 of 2013 before the District Munsif Court, Madurai Town based on the petitioner's representation dated 26.09.2020.

¶2The learned Standing Counsel appearing for the respondents 1 and 2 submitted that the corporation is not interfering in the possession of the petitioner and the allegation against the corporation is incorrect. The respondents 1 and 2 have also submitted their written instructions and the same is also extracted hereunder: ,t;tHf;fpd; jhthtpw;Fl;gl;l bghJg;ghij ,lk; thh;L cjtp bghwpahsuhy; nehpy; Ma;t[ bra;ag;gl;lJ. ,t;tHf;fpd; kDjhuh; mspj;j kDtpy; bjhptpj;j tpgu';fs; mog;gilapy; ghprPypf;fg;gl;Ls;sJ. nkw;go gj;jp 5y; Fwpg;gpl;lthW ,t;tHf;fpd; jhthtpw;Fl;gl;l ,lk; epymsitj;Jiw Mtz';fspd;go Mizah; bgahpy; ,y;iy. jdpah;fs; bgah;fspy; cs;sJ. kDjhuh; kw;Wk; kDjhuhpd; vjph;jug;gpdh;fSf;Fk; (tHf;F vz; O.S.No.376/ 2013y; thjpfs;) ,ilna eilbgw;WtUk; tHf;fpd; bghJg;ghij Fwpj;J bgwg;gLk; jPh;g;gpd; Kot[ jdpah;fs; jug;ig rhh;e;jjhFk;. tHf;F vz; O.S.No.376/ 2013 y; kJiu khefuhl;rp xU jug;gpdh; my;y. kDjhuh; Fwpg;gpLk; tHf;fpw;Fk; kJiu khefuhl;rpf;Fk; bjhlh;gpy;iy. jdpah;fs; ,lj;ij kJiu khefuhl;rp bghJg;ghijahf jPh;khdpf;fhjjhy; khz;g[kpF ePjpkd;wk; ,t;tHf;fpypUe;J kJiu khefuhl;rpia tpLtpj;J cj;jutpl ntz;Lfpnwhk;.

¶3The learned Counsel appearing for the private respondents submitted that it is a public pathway and already a suit is filed in O.S.No.462 of 2004. In the said suit, it has been stated that the suit is filed for injunction instead of declaration.

¶4It is seen now another suit is filed in O.S.No.376 of 2013 to declare the said pathway as public pathway. Since the respondent corporation is not interfering in the petitioner's possession, this Court is allowing this Writ Petition by stating that the respondents shall not interfere in the possession of the petitioner. However, the rights of the individuals will be decided after the disposal of the suit in O.S.No.376 of 2013 which is pending before the District Munsif Court, Madurai.

¶5With these observations and directions, this Writ Petition is allowed. There shall be no order as to costs.

22.09.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No Sml

S.SRIMATHY, J.

Sml

22.09.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.09.2023 CORAM THE HONOURABLE MRS.JUSTICE S.SRIMATHY K.Mahendran ... Petitioner Vs. 1.The Commissioner, Madurai Corporation, Madurai. 2.The Assistant Commissioner, South Zone No.4, Madurai Corporation, Madurai. 3.Ravindran 4.Vijayalakshmi 5.Karthick Prabhu ... Respondents (R3 to R5 are impleaded vide court order dated 12.07.2023 in W.M.P.(MD).No. 1699/2021 in W.P.(MD).No.14054/2020) Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents not to interfere the private pathway dispute pending in O.S.No.376 of 2013 before the District Munsif Court, Madurai Town based on the petitioner's representation dated 26.09.2020. For Petitioner : Mr.M.Ramu For R-1 & R-2 : Mr.S.Vinayak, Standing Counsel For R-3 : Mr.S.Rajasekar, For M/s.Lajapathi Roy & Associates