By way of filing this writ petition, the petitioner seeks issuance of a writ of mandamus to forbear the respondents, including the fourth respondent/private party, from obstructing the ingress and egress through Panchayat Road at Survey Nos.289/2B, 289/5B, 273, 277/4, 277/5 and 277/7-445, Keeranatham Village, Sarakarsamakulam Union, Coimbatore District.
2. The grievance of the petitioner Company is that they wanted to lay the road through the property covered in S.No.277/5 belonging to the fourth respondent. During the pendency of the writ petition, they have filed a petition in WMP.No.1690 of 2017 seeking to amend the above said prayer as a direction to the respondents 1 and 5 to remove the blockade made in S.F.No.277/5 belonging to the fourth respondent.
3. Learned Government Advocate appearing for the respondents 1 to 3 and 5, by taking instruction from one Mr.K.Saravanan, Deputy Tahsildar, Annur Taluk, Coimbatore, who is present in the Court, submitted that the land in dispute i.e. S.No.277/5 belongs to the fourth respondent/private party.
4. It is settled law that no writ will lie against the private person and therefore, by taking note of such fact, this Court is inclined to dismiss the writ petition and accordingly, the same is dismissed as not maintainable. Consequently, W.P.No.1960 of 2017 (amendment of prayer) seeking a direction to the respondents 1 and 5 to remove the blockade made in S.F.No.277/5 belonging to the fourth respondent/private party is rejected. WMP.No.1070 of 2017 is closed. No Costs.
23.01.2017 rkm Index:yes/no T.RAJA, J.
rkm To
1.The District Collector, Coimbatore.
2.The Block Development Officer, Sarkarsamakulam Union, Coimbatore District.
3.The Panchayat President, Keeranatham Village Panchayat, Saravanampatti Post, Coimbatore District.
4.The Revenue Divisional officer, Coimbatore North, Coimbatore.
W.P.No.1098 of 2017 23.01.2017 http://www.judis.nic.in