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2022 DAILYLAW 4723 (MAD)

MOHAMED IBRAHIMSHA. M.E v. THE COMMISSIONER OF CORPORATION

WP(MD)/579/2022 · 2026-04-07

G R Swaminathan, R Poornima

Transfer Petitionbody2022

Judgment text

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W.P.(MD)No.579 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.04.2026 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MS.JUSTICE R.POORNIMA W.P.(MD)No.579 of 2022 M.E.Mohamed Ibrahimsha ... Petitioner Vs. 1.The Commissioner of Corporation, Madurai Corporation, Madurai. 2.A.Saira Banu ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the 1st respondent to consider the petitioner's representation dated 24.11.2021 within the period of time fix by this Court. For Petitioner : Mr.B.Fazil Kirmani For Respondents : Mr.S.Vinayak, Standing Counsel for R1. Mr.P.Manikandan for R2 1/4 https://www.mhc.tn.gov.in/judis W.P.(MD)No.579 of 2022 ORDER (Order of the Court was delivered by G.R.Swaminathan, J.) Heard both sides. 2.The petitioner alleges that the second respondent herein had committed encroachment in Town Survey No.1611/3A and new Town Survey No.1611/3A1. We wanted to know the character of the said land. It is seen from the revenue records that it does not appear to be a public pathway. Therefore, the first respondent may not have any role in the matter at all. This is purely a civil dispute between the petitioner on the one hand and the second respondent on the other. The petitioner has also filed O.S.No.341 of 2023 on the file of Principal District Court, Madurai against the second respondent. It is for the petitioner to work out his rights before the jurisdictional Civil Court. The question of the first respondent considering the petition mentioned representation does not arise at all. 2/4 https://www.mhc.tn.gov.in/judis W.P.(MD)No.579 of 2022 3.Granting liberty to the petitioner to work out his rights in the pending civil suit, this writ petition is disposed of. No costs. (G.R.S. J.,) & (R.P. J.,) 07.04.2026 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias 3/4 https://www.mhc.tn.gov.in/judis W.P.(MD)No.579 of 2022 G.R.SWAMINATHAN, J. and R.POORNIMA, J. ias W.P.(MD)No.579 of 2022 07.04.2026 4/4 https://www.mhc.tn.gov.in/judis