Thanjavur City Municipal Corporation v. The Government Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.06.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)Nos.5342 & 9891 of 2024 Thanjavur City Municipal Corporation Employee Co-op Housing Society Ltd., T.1818, Represented by its Secretary, A.Sebasthiraj, S/o.E.Arul Anandu, Kauvery Super Market, South Rampart, Thanjavur - 613 001.

... Petitioner Vs.

1.The State represented by The Principal Secretary, Municipal Administration and Water Supply Department, Fort St.George, Secretariat, Chennai - 600 009.

2.The Director of Municipal Administration, 75, Santhome High Road, Pattinapakkam, MRC Nagar, Raja Annamalai Puram, Chennai - 600 004.

3.The Commissioner, Thanjavur Corporation, Thanjavur.

4.S.Mahendran ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the respondents or their men from putting up any constructions in the land in Survey No.328, Neelgiri Therku Thottam Village, Municipal Colony, Thanjavur belonging to the petitioner Society, without following the due process of law and consequently direct the third respondent forthwith to clear all constructions in the above land based on the petitioner's representation dated 06.03.2024.

For Petitioner : Mr.M.Rajarajan For Respondents : Mr.G.V.Vairam Santhosh Additional Government Pleader for R.1 & R.2 Mr.N.Dilip Kumar for R.3 Mr.A.Senthil Kumar for R.4

ORDER

Heard both sides.

2.The petitioner / Society had earlier filed W.P.No.11871 of 2004 seeking the following relief:

"Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, forbearing the respondent herein namely the Commissioner, Thanjavur Municipality, Thanjavur, from interfering and putting up any construction in the land in S.No.328, situated at Neelagiri Therkku Thottam, Thanjavur Taluk and Thanjavur District, belonging to the petitioner society except by due process of law". The writ petition was dismissed for non-prosecution on 22.09.2017. The present writ petition has been filed without making reference to the earlier writ petition.

3.The learned counsel appearing for the petitioner states that the incumbent Secretary was not aware of the institution of the earlier writ petition. I do not want to go into the question whether there was willful suppression or not. The prayer in the writ petition is also identical. If the petitioner is still having any grievance, the petitioner has to necessary seek restoration of W.P.No.11871 of 2024. A fresh writ petition will not lie.

4.This writ petition stands dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. 24.06.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No MGA To 1.The Principal Secretary, Municipal Administration and Water Supply Department, Fort St.George, Secretariat, Chennai - 600 009.

2.The Director of Municipal Administration, 75, Santhome High Road, Pattinapakkam, MRC Nagar, Raja Annamalai Puram, Chennai - 600 004.

G.R.SWAMINATHAN,J.

MGA 24.06.2024