Madras High CourtWP(MD)/1155/2015dismissed

Karthikeyan, v. The District Collector,

2016-12-07Honourable Mr Justice K. Ravichandrabaabu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.12.2016

CORAM:

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.(MD)No.1155 of 2015 and M.P.(MD)No.1 of 2015 Karthikeyan : Petitioner Vs.

1. The District Collector, Trichy District, Trichy.

2. The Tahsildar, Marungapuri Taluk, Trichy District.

: Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for the issue of a Writ of Mandamus, forbearing the respondents, their men, agents from dispossessing the petitioner from the patta land in Old Survey No.196, New S.F.No.291/1 and 191/3 to an extent of 10 cents situated at Karumalai, Marungapuri Taluk, Trichy District without following the due process of law. For Petitioner : No Appearance For Respondents : Mr.T.S.Mohammed Mohideen, Additional Government Pleader

O R D E R

There is no representation for the petitioner. However, considering the admitted facts as set out in the affidavit filed in support of the Writ Petition and from the perusal of the documents https://hcservices.ecourts.gov.in/hcservices/ filed in the typed-set of papers, this Court is of the view that the present Writ Petition cannot be maintained and entertained for the

simple reason that for the very same relief, the petitioner has already filed a civil suit in O.S.No.452 of 2014, which is said to be pending even on the date of filing of the Writ Petition. Therefore, the petitioner is not entitled to seek the very same relief before two Forums simultaneously. Accordingly, the Writ Petition is dismissed as not maintainable. No costs. Consequently, the connected miscellaneous petition is also dismissed. Sd/- Deputy Registrar (J) /True Copy/ Sub Assistant Registrar To

1. The District Collector, Trichy District, Trichy.

2. The Tahsildar, Marungapuri Taluk, Trichy District.

+ 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 80002 SML TE/SKN : 27/12/2016 : 2P/4C Order made in W.P.(MD)No.1155 of 2015 and M.P.(MD)No.1 of 2015 Dated: 07.12.2016 https://hcservices.ecourts.gov.in/hcservices/