(Order of the Court was made by the Acting Chief Justice) Mr.V.C.Selvasekaran, learned counsel takes notice for respondents 1 and 2. Mr.R.Vijayakumar, learned Additional Government Pleader takes notice for respondents 3 to 6.
2. The petitioner has filed the writ petition seeking issuance of a writ of mandamus directing respondents 1 to 6 to remove the illegal super structure constructed by respondents 7 and 8 measuring an extent of 1200 sq.ft. in Survey No. 436 (Earmarked for the park area), situated at Manapakkam Village, Sriprembudur Taluk.
3. It is the case of the petitioner that respondents 7 and 8 have encroached upon the park area and put up constructions. The petitioner has made a complaint to the respondent authorities for removal of the encroachment. The District Collector, Kancheepuram also advised the Tahsildar to take action against the illegal encroachment. It is the further case of the petitioner that the petitioner has also filed suit before the District Munsif Court, Sriperumbudur in O.S.No.14 of 2013 for removal of the encroachment and other reliefs. The said suit was decreed on 05.01.2015. Despite several representations sent and decree obtained in the suit, respondent authorities have not taken any action to remove the encroachment in the park area.
4. Heard the learned counsel for the petitioner and the learned counsel for the respondents.
5. The learned counsel for the petitioner submitted that respondents 7 and 8 have encroached upon the park area in S.No.436 and have put up constructions. The learned counsel for the petitioner further submitted that the first petitioner has already filed a civil suit in O.S.No.14 of 2013 on the file of the District Munsif cum Judicial Magistrate Court, Sriperumbudur in respect of the park area, wherein the husband of the seventh respondent is a party and the said suit was decreed exparte on 05.01.2015 granting mandatory injunction directing the first defendant therein to remove the encroachment. Despite civil court decree and receipt of the representation, the respondent authorities have not taken any action to remove the encroachment in the park area.
6. On hearing the learned counsel for parties, we are of the view that when the petitioner has already approached the civil court and obtained exparte mandatory injunction for removal of the encroachment in the park area and other reliefs, it is for him to approach the civil court seeking appropriate remedy and no directions could be passed in this petition.
8. The writ petition, accordingly, stands disposed of. However, this will not preclude the respondent authorities from proceeding in accordance with law based on the letters already exchanged. No costs. Consequently, W.M.P.No.7407 of 2017 is closed.
(H.G.R., ACJ.) (T.K.R., J.) 21.03.2017 Index : No Internet : Yes bbr To:
1 The Commissioner Corporation of Chennai Ripon Building,Chennai 2 The Zonal Officer Corporation of Chennai Zone-12, Alandur, Chennai 3 The Thasildar Sriperumbudur Taluk Office, Sriperumbudur.
4 The District Collector Kancheepuram District 5 The Member Secretary Chennai Metropolitian Development Authority Thalamuthu Natarajan Building No.1 Gandhi Irwin Road Egmore, Chennai-600 008 6 The Executive Officer Kundrathur Panchayat Union Padappai-602 301 HULUVADI G.RAMESH,ACJ.
AND RMT.TEEKAA RAMAN,J.
bbr W.P.No.6844 of 2017 21.03.2017