K THAMBI DURAI Vs. TAHSILDAR

JUDGEMENT

(1.) The prayer in the writ petition is to issue a Writ of Mandamus forbearing the respondents from interfering with the peaceful possession and enjoyment of the petitioner's bunk situated at Kavarai Street, Thirukkalukundram Town Panchayat, Chengalpattu District.

(2.) For the prayer asked for, only a civil suit can lie and not a writ petition. Further, the petitioner has no legal right to continue in possession of this particular area.

(3.) The learned counsel for the petitioner submits that the petitioner is paying Rs.2/- everyday for Panchayat for being in occupation. Further, electricity supply had also given to him by Electricity Board and therefore he has a right to continue in possession. The learned counsel further challenges the jurisdiction of the first respondent to evict the petitioner.