Nallu v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.09.2015 CORAM :

THE HONOURABLE MR.JUSTICE R.SUDHAKAR and THE HONOURABLE MS.JUSTICE V.M.VELUMANI Writ Petition (MD) No.16206 of 2015 Nallu ... Petitioner Vs.

1.The Commissioner, Gudalur Municipality, Theni District.

2.The Commissioner, Cumbum Panchayat Union, Cumbum.

3.Karikalan ... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus forbearing the 1st respondent from in any manner evict the petitioner from the land in S.No.2289 in Gudalur Town in Uthamapalayam Taluk in Theni District without following the procedures under the Tamil Nadu Land Encroachment Act.

For Petitioner : Mr.R.Suriya Narayanan For 1st Respondent : Mr.M.Alagathevan Special Government Pleader.

For 2nd Respondent : Mr.D.Muruganantham Additional Government Pleader.

ORDER

(Order of the Court was made by R.SUDHAKAR,J.) Since the petitioner has already availed alternative remedy by way of filing Original Suit No.334 of 2012 on the file of the District Munsif Court, Uthamapalayam for permanent injunction which came to be dismissed and he is contemplating further appeal, the question of entertaining this writ petition under Article 226 of the Constitution of India, does not arise. https://hcservices.ecourts.gov.in/hcservices/

Hence, the writ petition is dismissed. No costs. Consequently, M.P (MD)No.1 of 2015 is closed.

Sd/- Assistant Registrar (Writ) /True Copy/ Sub Assistant Registrar To 1.The Commissioner, Gudalur Municipality, Theni District.

2.The Commissioner, Cumbum Panchayat Union, Cumbum.

+ 1 CC TO M/S.R.SURIYANARAYANAN, ADVOCATE IN SR NO. 53169 SMS TE/NGM-SS/ 21/09/2015 2P/4C Writ Petition (MD) No.16206 of 2015 07.09.2015 https://hcservices.ecourts.gov.in/hcservices/