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2014 DIGILAW 3168 (MAD)

T. Periyasamy v. Executive Officer, Vadipatti Town Panchayat, Vadipatti, Madurai

2014-09-08

S.MANIKUMAR, V.S.RAVI

body2014
Judgment : S. Manimumar,J. 1. Material on record discloses that alleging encroachment made by the second respondent in a public street, situated in S.No.562/8, Naicker Street, T.Vadipatti Village, Madurai District, the petitioner has sought for a Writ of Mandamus, directing the Executive Officer, Vadipatti Town Panchayat, Vadipatti, Madurai District, to remove the same, so as to enable the petitioner to have a right of free access to his house situated in D.No.26, in S.Nos.562/17, 562/18 & 562/19, Naicker Street, T.Vadipatti Village, Madurai District, on the basis of his representation dated 16.08.2014, within a time frame. 2. Attention of this Court was invited to Sections 180 and 180-A of the Tamil Nadu District Municipalities Act, which read as follows; "180. Prohibition against obstructions in or over streets.-No one shall build any wall or erect any fence or other obstruction, or projection, or make any encroachment in or over any street except as hereinafter provided. 180-A. Public Streets open to all.- All streets vasted in or to be vasted in or maintained by a municipal council shall be open to persons of whatever caste or creed." 3. From the materials available on record, we could deduce that the present Writ Petition is a private interest litigation and not a public interest litigation. Though the practice of this Court is to list the matters relating to encroachment before the Hon'ble Division Bench, only a public interest Writ Petition could be entertained on encroachment matters. As stated supra, the averments raised in the affidavit filed in support of the petition asserted only a private interest. In such circumstances, the course open to the petitioner would be to approach civil remedy. Therefore, we are not inclined to entertain the present writ petition. 4. Removal of encroachment is sought to be made on the ground that it causes obstruction to access to the petitioner's residence. However, learned counsel for the petitioner prayed that atleast a direction may be issued to the first respondent to consider the representation of the petitioner, dated 16.08.2014. The said submission is placed on record. 5. In view of the above, a direction is issued to the respondents to consider and dispose of the representation of the petitioner, dated 16.08.2014, on merits and in accordance with law, within a period of three weeks from the date of receipt of a copy of this order. 6. The writ petition is accordingly disposed of. 5. In view of the above, a direction is issued to the respondents to consider and dispose of the representation of the petitioner, dated 16.08.2014, on merits and in accordance with law, within a period of three weeks from the date of receipt of a copy of this order. 6. The writ petition is accordingly disposed of. Consequently, connected miscellaneous petition is closed. No costs.