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Madras High CourtWP/24948/2021closed

N.A.S.Ansari v. State Of Tamil Nadu

2026-03-09Honourable Mr Justice S. M. Subramaniam,Honourable Mr.Justice K. Surender4 pages

7IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09-03-2026

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K.SURENDER W.P.No.24948 of 2021 AND W.M.P.NO.26266 OF 2021 N.A.S.Ansari ..Petitioner(s) Vs

1. State of Tamil Nadu Rep by the District Collector, Office of the Collectorate, Cuddalore District- 607 001.

2. The Divisional Engineer - Highways Beach Road, Cuddalore district, Cuddalore.

3. The Assistant Divisional EngineerHighways Construction and Maintenance, chidambaram- 608 001.

4. The Inspector of Police F1, Chidambaram town Police Station, Cuddalore District.

..Respondent(s) Prayer: Direction in the nature of writ by way of a prohibitory relief against the respondents directing them not to prevent the Petitioner from putting up the construction in his Property as he is the lawful owner of the same in pursuance to the judgement dated 28.04.1995 and made in O.S. No. 34/ 1993 on the file of sub- Court, Chidambaram which was upheld by the judgment of this Honble High Court dated 27.11.2009 and made in A.S. No. 1281/ 1995.

For Petitioner:

Mr.Thiyagarajan For Mr.B.Nedunchezhiyan For Respondents:

Mr.T.Arunkumar, AGP *****

O R D E R

(Order of the Court was made by S.M.Subramaniam J.) The relief sought for in the present Writ Petition is to grant a prohibitory relief against the respondents, directing them not to prevent the Petitioner from putting up the construction in his property.

2. The negative relief sought for in this petition is not maintainable. The petitioner seeks execution of judgment and decree passed in O.S.No.34 of 1993 on the file of Sub-Court, Chidambaram, which cannot be obtained through a writ proceedings under Article 226 of the Constitution of India.

3. At this juncture, learned counsel for the petitioner would submit that the petitioner has passed away. If so, legalheirs of the petitioner are at liberty to initiate appropriate action to redress their grievances, if any exists, in the manner known to law.

4. With the above observations, the present Writ Petition stands closed. No costs. Consequently, connected Miscellaneous Petition is also closed.

(S.M.S.,J.) (K.S.,J.) 09-03-2026 Index: Yes/No Speaking/Non-speaking order AR To:

1. The District Collector, State of Tamil Nadu Office of the Collectorate, Cuddalore District- 607 001.

2. The Divisional Engineer - Highways Beach Road, Cuddalore District, Cuddalore.

3. The Assistant Divisional Engineer- Highways Construction and Maintenance, Chidambaram- 608 001.

4. The Inspector of Police F1, Chidambaram town Police Station, Cuddalore District.

S.M.SUBRAMANIAM J.

AND K.SURENDER J.

AR W.P.No.24948 of 2021 09-03-2026