RAJARAJESWARI NAGAR RESIDENTS ASSOCIATION Vs. DISTRICT COLLECTOR TIRUNELVELI KATTABOMMAN DISTRICT KOKARIKULAM

JUDGEMENT

(1.) THIS writ appeal is filed against the order of the learned single Judge rejecting the writ petition on the ground that the dispute is of civil nature and the petitioner cannot move this Court by way of a writ petition but has to seek for necessary relief by way of civil suit. Aggrieved by the said order, the writ appeal has been filed seeking the relief to quash the order of the learned single Judge rejecting the prayer of quashing the proceedings of the second respondent and forbearing the respondents from in any way violating the detailed development plan framed in accordance with the Town and Country Planning Act, 1971.

(2.) A perusal of the affidavit filed in support of the writ petition clearly shows that the appellant has not disputed the fact that the fourth respondent is not the owner of the property. In paragraph-4 of the affidavit filed in support of the writ petition, it is stated that the mother of the fourth respondent had purchased 22 cents and odd from one Thirupathi and the Kalyana Mandapam is constructed only by her. In the counter filed by the fourth respondent, it is also stated that he is not the owner of the property and in respect of the very same property, one of the residents in that area had also filed a suit in O. S. No. 204/1993 on the file of the District Munsif Court, Tirunelveli for an injunction to restrain the fourth respondent from putting up of any construction on the property, which is that of his mother. On the strength of the stand of fourth respondent, he submitted that though he had nothing to do with the property, he had been impleaded. It is stated that the injunction sought for against him had also been rejected. It is alleged that the writ petition filed against the said respondent with the prayer itself is not maintainable.