1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.03.2011 CORAM: THE HONOURABLE MR.JUSTICE B.RAJENDRAN W.P.(MD)No.2612 of 2011 and M.P.(MD)No.1 of 2011 M.A.Ayubkhan, S/o.M.Abdul, Chairman, Valarpirai Educational Trust, Thanichiyam and Post, Vadipatti Taluk, Madurai District. : Petitioner Vs 1.The Executive Engineer, Public Works Department, Water Resource Organisation, Periar - Vaigai Canal Project, Madurai - 625 002. 2.V.Ganesan : Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus forbearing the respondents from violating the terms of the agreement dated 16.08.2010 entered into between the petitioner and the first respondent for using the approach road to the Royal College of Education and Royal Matriculation School only as an approach road and not for any other purpose. For petitioners : M/s.K.Sreekumaran Nair For Respondent 1: Mr.K.Balasubramanian Additional Government Pleader For Respondent 2: No appearance ORDER This petition has been filed to issue a writ of mandamus forbearing the respondents from violating the terms of the agreement dated 16.08.2010 entered into between the petitioner and the first respondent for using the approach road to the Royal College of Education and Royal Matriculation School only as an approach road and not for any other purpose. 2. The petitioner has entered into an agreement with the first respondent for construction of approach road by virtue of a lease agreement. Now, he would contend that after entering into the lease agreement, the second respondent is attempting to remove the temporary fence put up by the petitioner on the side of the approach https://hcservices.ecourts.gov.in/hcservices/ 2 road. Therefore, he has made a representation to the first respondent not to remove the temporary fence put up on the side of the approach road and maintain status quo. But, there was no action taken on the said representation by the first respondent. Hence, he has filed the present writ petition for the afore said relief. 3. Literally, the petitioner is not seeking for an order as against the second respondent, who is a private individual attempting to interfere with the property. The matter is purely civil in nature and merely because the first respondent has leased out the property that by itself will not make the dispute as one for mandamus. The petitioner is at liberty to approach the civil court, if he is really aggrieved as against the second respondent, who is an individual private party. 4. The writ petition is dismissed with the above observation. Consequently, connected miscellaneous petition is closed. No costs. Sd/- Assistant Registrar(P&A) /True Copy/ Sub Assistant Registrar To The Executive Engineer Public Works Department Water Resource Organisation Perior-Vaigai Canal Project, Madurai 625 002. W.P.(MD)No.2612 of 2011 08.03.2011 srm SMA/28.03.2011/2C/2P https://hcservices.ecourts.gov.in/hcservices/