L JAYANAGU Vs. KODAIKANAL MUNICIPALITY

JUDGEMENT

(1.) Heard Mr.G.R.Swaminathan, the learned counsel appearing on behalf of the petitioner, as well as Mr.S.Kadarkarai, the learned Government Advocate appearing on behalf of the first respondent.

(2.) At this stage of the hearing of the writ petition, the learned counsel appearing on behalf of the first respondent had submitted that there has been a civil suit pending, in O.S.No.94 of 2005, on the file of the District Munsif Court, Kodaikanal, wherein the petitioner, as well as the second respondent are parties. The issue relating to the alleged common pathway is to be decided by the Civil Court concerned. Hence, the writ petition is devoid of merits.

(3.) The learned counsel appearing on behalf of the petitioner has not refuted the statement made by the learned counsel appearing on behalf of the first respondent that the issue raised in the present writ petition, as well as the issue raised in the civil suit, in O.S.No.94 of 2005, on the file of the District Munsif Court, Kodaikanal, are one and the same.