Madras High CourtWP/18092/2016disposed of

N.Ramanujam v. The District Collector,

2025-03-17Honourable Mr Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated:17.03.2025 Coram:

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.No.15860 of 2016 N.Ramanujam(age 40years) S/o Nallava Naikar, Erumavayal Thottam, Deepalapatti Post, Udumalpet, Tiruppur District.

.. Petitioner /versus/ 1.The District Collector, Tiruppur District, Tiruppur 2.The District Revenue Officer, Tiruppur District, Tiruppur 3.The Tasildar, Udumalpet, Tiruppur District 4.V.M.Duraisamy, Tamil Nadu State Formers Association, 2/114, Deepalapatti, Udumalpet, Tiruppur District 1/5

5.K.Senthilkumar, S/o.Karuppusamy Gounder, South Josiar Kattu Thottam, Deepalapatti, Udumalpet, Tiruppur District 6.S.Tamilselvi, W/o.K.Senthil Kumar, South Josiar Kattu Thottam, Deepalapatti, Udumalpet, Tiruppur District 7.Lakshmanasamy, S/o.Nallava Naikar, Eramavayal Thottam, Deepalapatti Post, Udumalpet, Tiruppur District.

.. Respondents Writ Petition has been filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari to call for the records from the file of the 2nd respondent by his impugned order dated 25.01.2016 passed aginst the petitioner herein in Na.Ka.Ve.Ku.Thee.Ma.No.E2/0002/2015 and quash the same.

For Petitioner :No appearance For Respondents :M/s Dr.S.Suriya, AGP for R1 to R3 ------ 2/5

ORDER

This writ petition has been filed challenging the impugned order dated 25.01.2016 passed against the petitioner herein with reference in Na.Ka.Ve.Ku.Thee.Ma.No.E2/0002.2015 and quash the same.

2. The grievance of the petitioner is with reference to the cart track, which is claimed to be a Nilaviyal cart track. Even in the writ petition, it is stated that the petitioner had also filed O.S.No.237 of 2010 for permanent injunction in respect of the very same issue. It can be seen that the private respondents as well as the Tahsildar and the District Collector are arrayed as defendants in the said suit. Pending the writ petition, the said suit was dismissed for default on 22.03.2017.

3. In view thereof, the very same cause of action now cannot be agitated by way of the present writ petition. Accordingly, this Writ Petition stands dismissed with liberty to the petitioner to take such steps as may be permissible in law as against the decree and judgement of the Civil Court in 3/5

O.S.No.237 of 2010. No costs. Consequently, connected Miscellaneous Petition is closed.

17.03.2025 ari To:

1.The District Collector, Tiruppur District, Tiruppur 2.The District Revenue Officer, Tiruppur District, Tiruppur 3.The Tasildar, Udumalpet, Tiruppur District 4/5

D.BHARATHA CHAKRAVARTHY,J.

ari and W.M.P.No.15860 of 2016 17.03.2025 5/5