Full Judgment
8. 2-2013 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN WRIT PETITION No.16623 of 2012 P.Rajesh .. Petitioner vs 1.The Secretary to Government Municipal Administration and Water Supply Secretariat, Chenna”
009. 2.The Commissioner for Municipal Administration Ezhilagam Annex Building VI Floor, Chepauk, Chenna”
005. (R1 & R2 deleted as per order dated 2.7.2012) 3.The Block Development Officer No.1, Chitlapakkam 1st Main Road, Near Chromepet Bridge Chitlapakkam, Chenna”
064. 4.The President Vengaivasal Panchayat Union Chenna”
302. 5.M.G.Sundaraj (R5 impleaded as per order dated 2.8.2012 in M.P.No.1/2012) .. Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the fourth respondent to consider and provide water connection to the petitioner's premises at Door No.17/B, 4th Street, V.G.P. Veerabhathran Nagar, Vengaivasal, Chenna”
302. For Petitioner : Mr.S.Mohanavadivelan For Respondents : Ms.V.M.Velumani Special Government Pleader for RR1 to 4 Mr.N.P.Kumar for R5 ORDER Heard the learned Counsel for the petitioner, as well as the learned Special Government Pleader appearing on behalf of the respondents 1 to 4, and also the learned Counsel for the fifth respondent. 2.This writ petition has been filed praying that this Court may be pleased to issue a writ of Mandamus directing the fourth respondent to consider and provide water connection to the petitioner's premises, at Door No.17/B, 4th Street, VGP Veerabhathran Nagar, Vengaivasal, Chennai. 3.At this stage of the hearing of the writ petition, the learned Counsel appearing on behalf of the fifth respondent, who has been impleaded as a party to the writ petition, by way of an order passed by this Court, on 2.8.2012, in M.P.No.1/2012, had submitted that a civil suit is pending, in respect of the property in question, in O.S.No.676/2011, on the file of the District Munsif Court, Alandur, and the petitioner is the second defendant in the said suit. 4.Learned Counsel for the fifth respondent had further stated that an order of interim injunction had been passed by the said Court, in I.A.No.1825/2011, restraining the respondents therein from, in any manner, interfering with the enjoyment of the property in question, by the fifth respondent herein, who is the plaintiff in the said suit. 5.It has been further stated by the learned Counsel for the fifth respondent that, as per the memo filed, the order of interim injunction granted, in I.A.No.1825/2011, had been extended by the said Court, till the disposal of the suit. He has further stated that the suit, in O.S.No.676/2011, is ripe for trial. 6.In such circumstances, this Court is of the considered view that the relief prayed for by the petitioner, in the present writ petition, cannot be granted, at this stage. It is for the petitioner to work out his remedy before the civil Court concerned, in O.S.No.676/2011. 7.It is a well settled proposition in law that disputed questions of fact of a civil nature cannot be agitated before this Court, by invoking its writ jurisdiction, under Article 226 of the Constitution of India. 8.As such, the present writ petition is not maintainable before this Court. Accordingly, it stands dismissed. No costs. 8-2-2013 Index: yes Internet: yes Note to Office: Issue order copy on or before 13.2.2013 nsv To:
1. The Secretary to Government Municipal Administration and Water Supply Secretariat, Chenna”
009. 2.The Commissioner for Municipal Administration Ezhilagam Annex Building VI Floor, Chepauk, Chenna”
005. (R1 & R2 deleted as per order dated 2.7.2012) 3.The Block Development Officer No.1, Chitlapakkam 1st Main Road, Near Chromepet Bridge Chitlapakkam, Chenna”
064. 4.The President Vengaivasal Panchayat Union Chenna”
302. 5.The Special Government Pleader High Court, Madras. M.JAICHANDREN, J.
nsv W.P. No.16623 of 2012 Dt:
8. 2-2013