The central legal point established in the judgment is that the relevant legal provision stating that no civil court shall entertain suits or proceedings in respect of illegal construction and encroachments on roads and pavements when action is taken by the authorities does not apply to civil suits brought by individuals against neighbors.

Heard Mr. D. Ashok Kumar in support of this petition, Mr.D.Veerasekaran, learned counsel appearing for the first respondent and Mr. L.N. Praghasam, learned counsel appearing for the second respondent. The third respondent is a private party.

2. This writ petition is filed, seeking a direction against respondents 1 and 2 to take action against respondent No.3 for the alleged illegal construction put up by him. The petitioner has already filed a suit for the very same purpose and the learned Judge of the City Civil Court has returned the plaint, by relying upon the decision of a Division Bench of this Court reported in the case of Consumer Action Group V. The State Of Tamil Nadu (2006(4) CTC 483). The relevant direction in paragraph 32 (xv) of the said decision reads as follows:-

" No Civil Court shall entertain any suit or proceedings or Application in respect of the action taken by the CMDA or Corporation in respect of the illegal construction and encroachments on roads and pavements. All pending and future petitions filed/to be filed against CMDA and the Corporation relating to the illegal and unauthorised construction of buildings and or encroachment, and the demolition notice shall be placed before the special bench to be nominated by the Chief Justice."

3. As far as this paragraph is concerned, it is clear that it deals with illegal construction and encroachment on roads and pavements by the individuals or Organizations. When Chennai Metropolitan Development Authority or Municipal Corporation takes action against them, the aforesaid paragraph states that their suits will not be entertained by the Civil Courts.

4. As far as the present proceeding is concerned, it is a proceeding by a person against a neighbour, seeking a direction to the Chennai Metropolitan Development Authority and Corporation and it is not a suit by an encroacher. Hence, the suit can very well be proceeded with. The plaint will therefore be resubmitted to the Civil Court for proceeding further.

5. In such view of the matter, this writ petition is dismissed, with a liberty to proceed with the Civil suit. Consequently, the connected miscellaneous petition is closed. However, there shall be no order as to costs.