1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.03.2011 CORAM: THE HONOURABLE MS.JUSTICE K.SUGUNA AND THE HONOURABLE MR.JUSTICE A.ARUMUGHASWAMY W.P.(MD).No.1964 of 2011 and M.P.Nos.1 and 2 of 2011 Fr.Andrew Derose, Correspondent, St.Thomas College of Education, Krishnarajapuram 9th Street, Thoothukudi 628 002. : Petitioner Vs. The Commissioner, Tuticorin Municipal Corporation Tuticorin. : Respondent PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari calling for the records relating to the proceedings in Na.Ka.No.1153/05/G1, dated 04.02.2011 on the file of the respondent and quash the same. For Petitioner : Mr.G.Prabhu Rajadurai For Respondent : Mr.S.Kadarkarai ORDER [Order of the Court was made BY K.SUGUNA, J] This Writ Petition is filed challenging the notice dated 04.02.2011 issued under Sections 256, 258 and 441 of the Tuticorin Corporation Act, 2008, [hereinafter referred to as "the Act"], whereby the petitioner was directed to remove the encroachment within a period of 15 days and in the event of failure on the part of the petitioner to remove the encroachment, further action will be taken against him under Section 441 of the Act. 2. The grievance of the petitioner is that as far as the site in question is concerned, as per the stand of the respondent – Corporation, 60 feet road is there. But, according to the learned counsel for the petitioner, the petitioner is in occupation of the site, which has been purchased by him and only 30 feet road is there. As far as the remaining 30 feet is concerned, neither the Corporation has acquired nor the petitioner has surrendered the same, consequently, according to the learned counsel for the petitioner, question of encroachment does not arise at all. 3. The issue is as to whether 30 feet belongs to the petitioner or to the respondent - Corporation. As far as this issue is concerned, in our considered view, it is of civil in nature and this Court, under Article 226 of the Constitution of India, cannot go into the disputed question of fact so as to arrive at a conclusion whether the petitioner is entitled to the relief sought for or not. https://hcservices.ecourts.gov.in/hcservices/ 2 4. In view of the above, this Writ Petition is dismissed. Three weeks time, from the date of receipt of a copy of this order, is granted to the petitioner to approach the competent Civil Court for appropriate relief and for a period of three weeks, the respondent is restrained from proceeding further against the petitioner with regard to the property in question. No costs. Consequently, connected Miscellaneous Petitions are also dismissed. Sd/- Assistant Registrar(P&A) /TRUE COPY/ Sub Assistant Registrar To The Commissioner, Tuticorin Municipal Corporation Tuticorin. ORDER MADE IN W.P.(MD).No.1964 of 2011 and M.P.Nos.1 and 2 of 2011 14.03.2011 NB PA/17.06.2011/2P/2C https://hcservices.ecourts.gov.in/hcservices/