1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.07.2011 CORAM: THE HONOURABLE MR.M.YUSUF EQBAL, THE CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE P.JYOTHIMANI W.P.(MD).No.7965 of 2011 and M.P.No.2 of 2011 V.Mathiyas : Petitioner Vs. 1.The District Collector, Kanyakumari District, at Nagarcoil. 2.The Executive Officer, Kollanchi Village Panchayat, Vilavancode Taluk, Kanyakumari District. 3.Ponnambalam : Respondents [R-3 impleaded as per order dated 25.07.2011 made in M.P.No.1 of 2011] PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 16.08.2010 and to take appropriate action to maintain the pathway which connects the petitioner's house to the Irenipuram – Nesarpuram Road by removing the unauthorized construction in Survey No.357 of Nattalam Village, Vilavancode Taluk, Kanyakumari District. For Petitioner : Mr.S.C.Herold Singh O R D E R [Order of the Court was made BY THE CHIEF JUSTICE] The petitioner seeks a direction to the respondents to consider his representation dated 16.08.2010 and to take appropriate action to maintain the pathway which connects the petitioner's house to Irenipuram – Nesarpuram Road by removing the unauthorized construction in Survey No.357 of Nattalam Village, Vilavancode Taluk, Kanyakumari District. https://hcservices.ecourts.gov.in/hcservices/ 2 2. The grievance of the petitioner is that the third respondent, who has been impleaded, has put up some construction without obtaining any plan approval or permission from the second respondent, as a result, the access to the petitioner's house has been affected. 3. Prima facie, it appears that there is a private dispute between the petitioner and the third respondent which cannot be adjudicated by this Court in exercise of power under Article 226 of the Constitution of India. However, we observe that if the petitioner has any grievance, he may approach the second respondent who shall do the needful in accordance with law. With the aforesaid observation, the Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is also dismissed. Sd/- Assistant Registrar(Records) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Kanyakumari District, at Nagarcoil. 2.The Executive Officer, Kollanchi Village Panchayat, Vilavancode Taluk, Kanyakumari District. +1cc to Mr.S.C.Herold Singh, Advocate, Sr.No.24373 +one cc to Special Government Pleader, Sr.No. 24606 NB/gb SMA/10.8.2011/5C/2P ORDER MADE IN W.P.(MD).No.7965 of 2011 25.07.2011 https://hcservices.ecourts.gov.in/hcservices/