CHENGALPATTU MUNICIPALITY Vs. MACCA JUMMA MOSQUE

JUDGEMENT

(1.) THIS writ appeal has been filed against the order of the learned single Judge dated 20.10.2000, passed in W.P.No.5830 of 2000, whereby the learned single Judge has allowed the writ petition.

(2.) IT is alleged that the 1st respondent- Mosque is situated in T.S.No.13, Chengalput Town, and bounded on the North by G.S.T. Road and West by Mettu Street, known as Gandhi Salai. Originally, there was an encroachment on Mettu Street abutting the 1st respondent- Mosque, which was removed by the authorities later on. IT is further alleged that the 1st appellant- Municipality is taking steps to construct shops on the western side of the compound wall of the mosque, i.e., on Mettu Street alias Gandhi Salai. Challenging the construction, the 1st respondent- Mosque has filed the writ petition. The learned single Judge, on consideration, found that the 1st appellant- Municipality is not entitled to construct the shops on the road margin of Mettu Streetalias Gandhi Salai and allowed the writ petition. Aggrieved against that order the Municipality has filed the present writ appeal.

(3.) WE have heard the learned counsel for the parties, and perused the materials on record. No doubt, any construction put up shall be made as per the prevailing rules. The alleged facts are all disputed questions of fact, which cannot be gone into in writ jurisdiction. From the facts culled out, it is apparent that a suit has been filed, and the interim injunction was rejected, now the other persons filed the writ petition, for the same relief with same prayer, which cannot be maintainable. In the facts of the present case, the only remedy available to the 1st respondent- Mosque is to agitate before the Civil Court, by way of an independent suit or by impleading itself in the existing suit. In any view of the matter, one cannot be permitted to circumvent the relief. The writ petition itself is not maintainable, so also the order of the learned single Judge. The writ appeal is allowed to the extent stated above with no order as to costs. Consequently, connected C.M.Ps. are closed. However, it is made clear that this order will not mean that the Municipality is permitted to raise construction against law, and in violation of rules.