Facts
The petitioner sought a writ of mandamus directing removal of a water pipeline laid in his patta land in Survey Nos. 53/19 and 53/20, payment of compensation, and criminal and legal action against certain officials
Source reference: p. 3The Court noted that the petitioner had already sought the same relief before the District Consumer Disputes Redressal Commission, Tirunelveli, in C.C. No. 196 of 2024, and that he was in dispute with the private respondents
Source reference: p. 4Issues
Whether the Court could grant the requested writ relief where the petitioner had already sought the same relief before the District Consumer Disputes Redressal Commission
Source reference: p. 4Whether the petitioner could pursue the grievance by making a representation to the concerned official respondent after withdrawing the consumer complaint
Source reference: p. 4Law Applied
The petition invoked the High Court’s jurisdiction under Article 226 of the Constitution of India
Source reference: p. 3The petitioner’s pending consumer complaint was stated to have been filed under Section 35 of the Consumer Protection Act, 2019
Source reference: p. 4The Court cited no precedents or further substantive legal rules; it held that the relief sought in the writ petition could not be granted in the manner requested
Source reference: p. 4Reasoning
The Court noted that the petitioner had already approached the Consumer Commission for the same relief and was also at loggerheads with the private respondents
Source reference: p. 4In those circumstances, it declined to grant the requested relief through the writ petition, stating that the reliefs sought before both forums could not be countenanced and that the writ relief could not be granted in the manner sought
Source reference: p. 4It nevertheless permitted the petitioner to make a representation to the concerned official respondent, provided he first withdrew the consumer complaint
Source reference: p. 4Holding
The writ petition was dismissed, with liberty to the petitioner to approach the concerned official respondent by representation after withdrawing C.C. No. 196 of 2024; the official respondent was directed to consider the representation and pass appropriate orders in accordance with law
No costs were awarded, and the connected miscellaneous petition was closed
Source reference: p. 5Acts & Sections Cited
1 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.
Consumer Protection Act, 20191
Original Court PDF
Sebastian UvsThe State of Tamil Nadu repr
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Original judgment, available to read, download and summarize on LawLens.in
