J.Janarthanan vs the Superintending Engineer - Court Judgment

SooperKanoon Citationsooperkanoon.com/1471221
CourtChennai High Court
Decided OnJun-15-2026
Case NumberWP/22408/2026
JudgeHonourable Mr Justice M.Dhandapani
AppellantJ.Janarthanan
RespondentThe Superintending Engineer
Excerpt:
in the high court of judicature at madrasdated: 15-06-2026coramthe honourable mr justice m.dhandapani j.janarthanan petitioner(s) vs1. the superintending engineerchennai- 119. respondent(s) prayer: petition filed under article 226 of constitution of india, forbearing the respondents from disturbing or taking possession of the petitioners property situated at new no.1/ 668, old no.1/703, arignar anna nagar,4th street, neelangarai, chennai- 600 041 except due process of law. for petitioner(s): mr.s.thiruvengadamorderby consent of the learned counsel for the petitioner, this writ petition istaken up for final disposal at the admission stage itself. since no adverse orderis passed against the respondents, notice to the respondents is dispensed with.2. this writ petition has been filed forbearing the respondents fromdisturbing or taking possession of the petitioners property situated at new no.1/ 668, old no.1/703, arignar anna nagar,4th street, neelangarai, chennai- 600 041 except due process of law.3. it is the case of the petitioner that the petitioner is the absolute ownerof the subject property, however, the said property was taken over by the respondent by constructing sump. challenging the said action, the petition has been filed forbearing the respondents from disturbing or taking possession of the petitioners property except due process of law.4. heard the learned counsel for the petitioner and perused the materials placed on record.5. on perusal of the photographs filed in the typedset of paper, this courtfinds that already some construction has taken place in the disputed land. apart from that, the petitioner has also filed a suit in o.s.no.22408 of 2026 on the file of the learned district munsif cum judicial magistrate at sholinganallur as against the respondents. in view of the above, this court is of the view that instead of pursuing his grievance before the civil court filing the present writ petition for the very same relief is not sustainable one and this court does not find any merits in this writ petition.6. accordingly, this writ petition stands disposed of with a liberty to the petitioner to pursue his remedy before the pending civil court. no costs. dhk index:yes/nospeaking/non-speaking orderinternet:yes neutral citation:yes/no to 1.the superintending engineer chennai- 119. m.dhandapani j. dhk
Judgment:

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15-06-2026

CORAM

THE HONOURABLE MR JUSTICE M.DHANDAPANI J.Janarthanan Petitioner(s) Vs

1. The Superintending Engineer

Chennai- 119. Respondent(s) PRAYER: Petition filed under Article 226 of Constitution of India, forbearing the Respondents from disturbing or taking possession of the petitioners property situated at New No.1/ 668, Old No.1/703, Arignar Anna Nagar,4th Street, Neelangarai, Chennai- 600 041 except due process of law. For Petitioner(s): Mr.S.Thiruvengadam

ORDER

By consent of the learned counsel for the petitioner, this writ petition is

taken up for final disposal at the admission stage itself. Since no adverse order

is passed against the respondents, notice to the respondents is dispensed with.

2. This writ petition has been filed forbearing the respondents from

disturbing or taking possession of the petitioners property situated at New No.1/ 668, Old No.1/703, Arignar Anna Nagar,4th Street, Neelangarai, Chennai- 600 041 except due process of law.

3. It is the case of the petitioner that the petitioner is the absolute owner

of the subject property, however, the said property was taken over by the respondent by constructing sump. Challenging the said action, the petition has been filed forbearing the respondents from disturbing or taking possession of the petitioners property except due process of law.

4. Heard the learned counsel for the petitioner and perused the materials placed on record.

5. On perusal of the photographs filed in the typedset of paper, this Court

finds that already some construction has taken place in the disputed land. Apart from that, the petitioner has also filed a suit in O.S.No.22408 of 2026 on the file of the learned District Munsif cum Judicial Magistrate at Sholinganallur as against the respondents. In view of the above, this Court is of the view that instead of pursuing his grievance before the civil court filing the present writ petition for the very same relief is not sustainable one and this Court does not find any merits in this writ petition.

6. Accordingly, this writ petition stands disposed of with a liberty to the petitioner to pursue his remedy before the pending civil court. No costs. dhk Index:Yes/No

Speaking/Non-speaking order

Internet:Yes Neutral Citation:Yes/No To 1.The Superintending Engineer Chennai- 119. M.DHANDAPANI J. dhk