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2026 Supreme(Online)(Mad) 18321

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. M. Subramaniam, K. Surender, JJ
L.Mythili – Appellant
Versus
The Government of Tamil Nadu – Respondent
WP No. 7087 of 2026 | WMP No. 7703 of 2026 | WMP No. 7702 of 2026



Advocates:
For the Appellants/Petitioners: Ms.R.Divya Priya
For the Respondents:Mr.Abishiekmurthy, Government Advocate for R1, Mr.B.Balaji, Standing Counsel for TNUHDB for R2 & R3

Writ petitions are not maintainable when a decree in civil suit exists and sufficient relief has been granted.

Headnote:The judgment addresses the challenge against a notice issued by the Tamilnadu Urban Habitat Development Board, which the petitioner claims obstructs their rights. The court found the writ petition not maintainable as the petitioner already had a decree in a civil suit. The counsel for the board noted the petitioner was eligible for an allotment, deeming the writ unnecessary. Ultimately, the writ petition was dismissed.

Table of Content
1. challenge against eviction notice. (Para 1)
2. court found writ not maintainable due to existing decree. (Para 2)
3. writ petition dismissed. (Para 3)

(Order of the Court was made by S.M.Subramaniam J.)

Writ Petition has been instituted challenging the notice issued by the Tamilnadu Urban Habitat Development Board for eviction of encroachers from the boundaries of tenament, since it is causing obstructions to the tenament as well as the public at large and to construct a new block by demolishing the existing structures.

2. The petitioner has already instituted a Civil Suit and a decree came to be issued. Under such circumstance, the present writ petition is not maintainable.

3. However, the learned Standing Counsel appearing for the Tamilnadu Urban Rehabitat Development Board would submit that the petitioner is found eligible and allotment order has been issued to the petitioner. That being the factum, the writ petition is unnecessary. Hence, the Writ Petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed.

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