1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.08.2011 CORAM: THE HONOURABLE MR.JUSTICE P.JYOTHIMANI AND THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.P.(MD).No.8488 of 2011 and M.P.No.1 of 2011 S.Jebamalar Suganthi : Petitioner Vs. 1.The Divisional Engineer, State Highways, Thoothukudi. 2.The Assistant Engineer, State Highway Department, Tiruchendur, Thoothukudi District. 3.The Tahsildar, Tiruchendur Taluk, Thoothukudi District. 4.The Executive Officer, Alwar Thirunagari Town Panchayat, Alwar Thirunagari, Tiruchendur Taluk, Thoothukudi District. : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to restore the petitioner's shop bearing Door No.48A, Kuyil Nindrar Street in Town Natham Survey No.892/1, (New Natham Survey No.975/17) Alwar Thirunagari, Tiruchendur Taluk, Thoothukudi District to its original position and to pay compensation. For Petitioner : Mr.G.Prabhu Rajadurai For Respondents : Mr.K.Mahendran Special Government Pleader ORDER [Order of the Court was made BY P.JYOTHIMANI, J] The Writ Petitioner is stated to have put up a shop building to an extent of 401.375 square feet in Door No.48-A at Kuyil Nindrar Street, bearing Town Natham Survey No.692/1 (New Natham Survey No.975/17), Alwar Thirunagari, Tiruchendur Taluk, Thoothukudi District. It is the grievance of the petitioner that the fourth respondent has assessed the said shop for property tax. However, on the basis that it is a hindrance to the highways, the said shop was demolished by respondents 1 and 2. In those circumstances, the present Writ Petition is filed for a direction against the respondents to restore the petitioner's shop to its original position. 2. On the face of it, we cannot grant the relief sought for in this Writ Petition. The question as to whether the shop of the petitioner was on the road or not is a factual question, which cannot https://hcservices.ecourts.gov.in/hcservices/ 2 be decided in a Writ Petition under Article 226 of the Constitution of India by exchange of affidavits. Apart from that, it is not as if the petitioner has no other remedy and if the petitioner has been paying property tax and claiming to be in possession and enjoyment of the property for long years, it is for him to work out the same in a properly constituted suit. Looking from any angle, we are of the view that the petitioner is not entitled for the relief claimed in the Writ Petition. Therefore, the Writ Petition is dismissed giving liberty to the petitioner to work out his remedy in the manner known to law. No costs. Consequently, connected Miscellaneous Petition is also dismissed. Sd/- Assistant Registrar(W) /TRUE COPY/ Sub Assistant Registrar To 1.The Divisional Engineer, State Highways, Thoothukudi. 2.The Assistant Engineer, State Highway Department, Tiruchendur, Thoothukudi District. 3.The Tahsildar, Tiruchendur Taluk, Thoothukudi District. 4.The Executive Officer, Alwar Thirunagari Town Panchayat, Alwar Thirunagari, Tiruchendur Taluk, Thoothukudi District. +1cc to Mr.G.Prabhu Rajadurai, Advocate SR.No.25676 +1cc to The Special Govt.Pleader SR.No.25339 ORDER MADE IN W.P.(MD).No.8488 of 2011 01.08.2011 NB PA/08.08.2011/2P/7C https://hcservices.ecourts.gov.in/hcservices/