← Library
Madras High CourtWP/15705/2020dismissed

Subramaniam v. The Revenue Divisional Officer

2024-09-26Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.09.2024

CORAM

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN W.M.P.No.19545 of 2020 Subramaniam ... Petitioner Vs.

1.The Revenue Divisional Officer Udumalpet Tiruppur District.

2.The Block Development Officer Udumalpet Block Udumalpet Taluk Tiruppur District.

3.The President 063, Jilobanaikenpalayam Udumalpet Block Udumalpet Taluk Tiruppur District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to restrain the respondents from laying the road in the petitioner's patta cart track situated at S.F.No.105/3A (old No.105), Krishnapuram Village of Jilobanaickenpalayam Village Panchayat of Udumalpet Block, Udumalpet Taluk, Tiruppur District by considering the petitioner's representation dated 15.09.2020.

For the petitioner : Mr.M.N.Balakrishnan For the respondents : Mr.C.Kathiravan Special Government Pleader for RR1 & 2

ORDER

This Writ Petition has been filed to restrain the respondents from laying the road in the petitioner's cart track situated at S.F.No.105/3A (old No.105), Krishnapuram Village of Jilobanaickenpalayam Village Panchayat of Udumalpet Block, Udumalpet Taluk, Tiruppur District by considering the petitioner's representation dated 15.09.2020.

2. Heard the learned counsel for the petitioner and the learned Special Government Pleader appearing on behalf of the respondents 1 and 2 and also perused the material records available on record.

3. According to the petitioner, for the very same relief, he had already filed a suit in O.S.No.293 of 2017 on the file of the District Munsif, Udumalpet and it is pending. Therefore, for the same relief, now the petitioner cannot maintain this Writ Petition.

4. In view of the above, the prayer as such sought in this Writ Petition cannot be granted. Accordingly, this Writ Petition stands dismissed. However,

the petitioner is at liberty to raise all his objections before the Civil Court, in the manner known to law. No costs. Consequently, the connected miscellaneous petition is closed.

26.09.2024 Jer Index : Yes/No Internet : Yes/ No Speaking order / Non speaking order To 1.The Revenue Divisional Officer Udumalpet Tiruppur District.

2.The Block Development Officer Udumalpet Block Udumalpet Taluk Tiruppur District.

3.The President 063, Jilobanaikenpalayam Udumalpet Block Udumalpet Taluk Tiruppur District.

G.K.ILANTHIRAIYAN, J., Jer

26.09.2024