A writ petition cannot be entertained for the same relief that is sought in a pending suit.

W.P.(MD) No.315 of 2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 06.01.2023

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR

and

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

W.P.(MD) No.315 of 2023

and W.M.P.(MD)Nos.308 & 312 of 2023

Thirunavukarasu

... Petitioner

Vs.

1.The District Collector,

Sivagangai District,

Sivagangai.

2.The Revenue Divisional Officer,

Devakottai, Sivagangai District.

3.The Tahsildar,

Thirupathur Taluk, Sivagangai District.

4.The President,

Seivinipatti Panchayat,

Thirupathur Taluk, Sivagangai District.

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W.P.(MD) No.315 of 2023

5.Sakthivel

6.Rajendran

... Respondents

PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a

Writ of Mandamus, directing the respondents 1 to 4 to initiate necessary action

against the illegal and unauthorized construction of the structure and compound

wall by the respondents 5 and 6 and their family members in the property

bearing survey Nos.453/26, 453/27 and 453/29 in Chandrapatti Village, South

Ialayathankudi Group, Tiruppathur Taluk, Sivagangai District and remove the

same in accordance with law and in consideration of the representation of the

petitioner dated 26.12.2022.

For Petitioner

:

Mr.R.Ganesh Prabu

For Respondents

:

Mr.V.Nirmal Kumar,

Government Advocate for R1 to R3

Mr.R.Maheswaran for R4 & R5

O R D E R

[Order of the Court was made by D.KRISHNAKUMAR, J.]

This Writ Petition has been filed for issuance of a Writ of Mandamus,

directing the respondents 1 to 4 to initiate necessary action against the illegal

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W.P.(MD) No.315 of 2023

and unauthorized constructions made by the respondents 5 and 6 and their

family members, in the property bearing survey Nos.453/26, 453/27 and 453/29

in Chandrapatti Village, South Ialayathankudi Group, Tiruppathur Taluk,

Sivagangai District and remove the same in accordance with law, by

consideration of the representation of the petitioner dated 26.12.2022.

2. Heard Mr.R.Ganesh Prabu, learned counsel for the petitioner,

Mr.V.Nirmal Kumar, learned Government Advocate, who takes notice for the

respondents 1 to 3 and Mr.R.Maheswaran, learned counsel, who takes notice for

the respondents 4 and 5.

3. By consent of both parties, this Writ Petition is taken up for final

disposal at the admission stage itself.

4. It is the case of the petitioner that he has already filed a suit in O.S.No.

123 of 2019, before the District Munsif Court, Thirupathur for restraining the

respondents and their family members from putting up a construction viz.,

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W.P.(MD) No.315 of 2023

compound wall in the aforesaid survey numbers and the same is still pending.

The petitioner apprehends that the respondents 5 and 6 and their family members

will create a law and order issue and hence, the petitioner made a representation

on 26.12.2022, seeking to prevent such law and order issue. However, till date,

the same was not considered by the respondents. Hence, the petitioner has filed

this Writ Petition.

5. We have perused the materials available on record.

6. On a perusal of the records, it is seen that the prayer, sought for by the

petitioner in the aforesaid suit in O.S.No.123 of 2019 and in the instant writ

petition, are one and the same. In the said suit, no interim order has been

granted. Therefore, for the same relief, this Court cannot entertain the writ

petition.

7. Accordingly, this Writ petition is dismissed. However, in paragraph 9

of the affidavit filed in support of this petition, the petitioner has stated that there

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W.P.(MD) No.315 of 2023

is apprehension of law and order issue and hence, he made a representation on

26.12.2022 and he needs for consideration of the said representation. Therefore,

this order