1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.09.2011 CORAM: THE HONOURABLE MR.JUSTICE P.JYOTHIMANI AND THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.P.(MD).No.10023 of 2011 and M.P.No.1 of 2011 S.Selvamani : Petitioner Vs. 1.The District Collector, Collectorate, Madurai 20. 2.The Director, Town Planning Commission Office, 807, Anna Salai, Chennai 2. 3.The Member Secretary, Town Development Authority, Palkalai Nagar, At Madurai Corporation III Floor, Annamaligai, Tallakulam, Madurai 2. 4.The President, A-Kokkulam Village Panchayat, Chekkanoorani, Tirumangalam Taluk, Madurai District. 5.R.Paraman : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the respondents 1 to 4 to take appropriate action against the fifth respondent for unlawfully commenced and completed the construction of Selvi Mahal (Kalyana Mandapam), A-Kokkulam Village Panchayat, Chekkanoorani, Tirumangalam Taluk, Madurai District and to remove the nuisance caused by the fifth respondent to the petitioner's Nagar residence and also remove the obstruction caused by the fifth respondent in the pathway used by the Ponmari Nagar People. For Petitioner : Mr.M.Saravanakumar O R D E R ********** [Order of the Court was made BY P.JYOTHIMANI, J] The Writ Petition, on the face of it, is misconceived. The Writ Petitioner, having approached the Civil Court by filing a https://hcservices.ecourts.gov.in/hcservices/ 2 Civil Suit in O.S.No.34 of 2005, on the file of the District Munsif Court, Tirumangalam and got a consent decree, has only questioned that the fifth respondent is acting against the consent decree. In those circumstances, the present Writ Petition has been filed for a direction to respondents 1 to 4 to take appropriate action against the fifth respondent. 2. If really there is any violation of the consent decree, it is for the petitioner to work out his remedy in the manner known to law and this Writ Petition cannot be entertained. Therefore, the Writ Petition stands dismissed giving liberty to the petitioner to work out his remedy in the manner known to law. The petitioner is also at liberty to raise all the points, which he has raised in the Writ Petition, before the Civil Court. No costs. Consequently, connected Miscellaneous Petition is dismissed. Sd/- Assistant Registrar /True Copy/ Sub-Assistant Registrar To 1.The District Collector, Collectorate, Madurai 20. 2.The Director, Town Planning Commission Office, 807, Anna Salai, Chennai 2. 3.The Member Secretary, Town Development Authority, Palkalai Nagar, At Madurai Corporation III Floor, Annamaligai, Tallakulam, Madurai 2. 4.The President, A-Kokkulam Village Panchayat, Chekkanoorani, Tirumangalam Taluk, Madurai District. NB rl/5c – 15.9.2011 ORDER MADE IN W.P.(MD).No.10023 of 2011 06.09.2011 https://hcservices.ecourts.gov.in/hcservices/