1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.03.2011 CORAM: THE HONOURABLE MS.JUSTICE K.SUGUNA AND THE HONOURABLE MR.JUSTICE A.ARUMUGHASWAMY W.P.(MD).No.2714 of 2011 N.Balasubramanian : Petitioner Vs. 1.The District Collector, Trichy District, Trichy. 2.The Tahsildar, Trichy. 3.The Tiruchirappalli City Municipal Corporation, Represented by its Commissioner, Tiruchirappalli. 4.R.Muthukumar : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 to 3 to demolish the illegal and unauthorized constructions put up by the fourth respondent over the East West Street to an extent of 600 sq.ft in S.F.No.197/1 part (corresponding to T.S.No.102 Ward No.AF.Block No.12) under HSD9/75 Darkhas in Kottappattu Village, Trichy District. For Petitioner : Mr.G.R.Swaminathan O R D E R [Order of the Court was made BY K.SUGUNA, J] This Writ Petition is filed for the issue of a Writ of Mandamus directing the respondents 1 to 3 to demolish the illegal and unauthorized constructions put up by the fourth respondent over the East - West Street to an extent of 600 sq.ft in S.F.No.197/1 in Kottappattu Village, Trichy District. 2. From the document enclosed in the typed set of papers, it could be seen that already a Civil Court had passed a decree in favour of the vendor of the fourth respondent with regard to the land in question. 3. According to the learned counsel for the petitioner, the petitioner is not a party and the third respondent – Corporation herein is also not a party in the said Civil Suit, consequently, this Writ Petition is filed. 4. In our considered opinion, when there is a decree passed by the Civil Court in favour of the vendor of the fourth respondent and the relief sought for in the Writ Petition is civil in nature, this Court under Article 226 of the Constitution of India cannot examine as to https://hcservices.ecourts.gov.in/hcservices/ 2 whether the construction put up by the fourth respondent is an encroachment or not. Under such circumstances, this Writ Petition cannot be entertained. In the result, the Writ Petition fails and the same is dismissed. However, liberty is granted to the petitioner to work out his remedy before the appropriate forum. No costs. Sd/- Assistant Registrar (CO) /True copy/ Sub Assistant Registrar To 1.The District Collector, Trichy District, Trichy. 2.The Tahsildar, Trichy. 3.The Commissioner, The Tiruchirappalli City Municipal Corporation, Tiruchirappalli. +1CC TO THE SPECIAL GOVERNMENT PLEADER, SR.11965 +1CC TO MR.G.R.SWAMINATHAN, ADVOCATE SR.11936 NB SR : 09.06.2011 : 2p/6c ORDER MADE IN W.P.(MD).No.2714 of 2011 29.03.2011 https://hcservices.ecourts.gov.in/hcservices/