1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.02.2011 CORAM: THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN W.P.(MD)No.2330 of 2011 and M.P.(MD)No.1 of 2011 V.Varadharaj : Petitioner Vs. 1.The District Collector, Tiruchirappalli, Tiruchirappalli District. 2.The Commissioner, Vaiyampatti Panchayat Union, Vaiyampatti, Manapparai Taluk, Tiruchirappalli District. 3.The President, Vaiyampatti, Vaiyampatti Panchayat, Manapparai Taluk, Tiruchirappalli District. : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents not to construct cement road in the petitioner's property in S.F.No.564/6 measuring 0.02.46 hectares. For Petitioner : Mr.A.S.Gopalamanikandan For Respondents : Mr.S.Shanmugavel Additional Government Pleader O R D E R Mr.S.Shanmugavel, learned Additional Government Pleader takes notice on behalf of the respondents. 2. Though the prayer in the writ petition is for issuance of a writ of Mandamus to restrain the respondents from putting up cement road in the property stated to be in the possession of the petitioner in S.F.No.564/6 measuring an extent of 0.02.46 hectares Vaiyampatti, Manapparai Taluk, Tiruchirappalli District, the learned counsel for the petitioner submits that the petitioner would be satisfied, in case, a direction is given to the third respondent to consider and dispose of his representation dated 12.02.2011 on merits. https://hcservices.ecourts.gov.in/hcservices/ 2 3. The petitioner is stated to be the owner of the property in S.F.No.564/6 situated at Vaiyampatti, Manapparai Taluk in the District of Tiruchirappalli. Since there was an attempt to construct a cement road in the said property, he filed a suit for injunction in O.S.No.98 of 2002. The said suit was decreed as per Judgment and decree dated 29.11.2002. In spite of the Civil Court decree, the respondents made an attempt to put up a cement road. This made the petitioner to file this writ petition. 4. The prayer sought for in this writ petition is clearly not maintainable. In case, the respondents are attempting to put up cement road in the petitioner's property, in spite of the decree in O.S.No.98 of 2002, the remedy of the petitioner is to file necessary proceedings before the Civil Court for violation of the decree of injunction. In any case, the petitioner now seeks only the consideration of his representation. 5. Accordingly, the third respondent is directed to consider and dispose of the representation dated 12.02.2011 submitted by the petitioner on merits and as per law. The said exercise shall be completed within a period of four weeks from the date of receipt of a copy of this order. 6. The writ petition is disposed of with the above direction. Consequently, connected Miscellaneous Petition is closed. No costs. Sd/- Deputy Registrar (Accounts) /True Copy/ Assistant Registrar To 1.The District Collector, Tiruchirappalli, Tiruchirappalli District. 2.The Commissioner, Vaiyampatti Panchayat Union, Manapparai Taluk, Tiruchirappalli District. 3.The President, Vaiyampatti, Vaiyampatti Panchayat, Manapparai Taluk, Tiruchirappalli District. +1 CC to Mr.A.S.Gopalamanikandan, Advocate (SR.No.10739) +1 CC to Special Government Pleader (SR.No.10804) W.P.(MD)No.2330 of 2011 and M.P.(MD)No.1 of 2011 28.02.2011 rj2 NSV/23.3.11/2P/6C https://hcservices.ecourts.gov.in/hcservices/