Jeyaselvan S v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN and W.M.P.(MD) Nos.7669 & 7670 of 2025 S.Jeyaselvan ... Petitioner Vs

1. The District Collector, Thoothukudi District, Thoothukudi.

2. The Zonal Officer, National Highways Authority of India (NHAI), (Thoothukudi to Tirunelveli Highways), Thoothukudi.

3. The Project Driector, National Highways N.H.No. 7A, Thirunelveli-11, Thirunelveli District.

4.The Authorized Officer of Indian Bank, Millerpuram Branch, 20M/3, 1st street, 1/5

Tuticorin - 628 003.

5. The Branch Manager, Indian Bank Millerpuram Branch, 20M/3, 1st Street, Tuticorin - 628003.

6. J.Benny Joshua, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records relating to the Forfeiture notice dated 21.11.2024 passed by fourth respondent and quash the same and consequently, direct the respondents 4 and 5 to release the petitioner's deposited amount a sum of Rs.17,52,500.00/- with due interest and to pay compensation.

For petitioner : Mr.A.Joseph Jerry For respondents : Mr.R.Suresh Kumar Additional Government Pleader for R1 Mr.C.Karthik for R4 & R5 *****

ORDER

The learned counsel for the fifth respondent has produced a copy of the order passed by the Hon'ble Division Bench of this Court on 06.12.2024 in W.P. 2/5

(MD) No.28955 of 2024, wherein the petitioner had approached the Hon'ble Division Bench for an identical reason. The said Writ Petition was dismissed by permitting the petitioner to work out remedy before the Debt Recovery Tribunal. Hence, the present Writ Petition is itself barred on account of res judicata.

2. Therefore, this Writ Petition is liable to be dismissed. It is, accordingly, dismissed. However, liberty is given to the petitioner to obtain suitable clarification from Hon'ble Division Bench of this Court. No costs. Consequently, connected miscellaneous petitions are closed. Index : Yes / No 03.06.2025 Internet : Yes / No apd/JEN To

1. The District Collector, Thoothukudi District, Thoothukudi.

2. The Zonal Officer, National Highways Authority of India (NHAI), (Thoothukudi to Tirunelveli Highways), Thoothukudi.

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3. The Project Driector, National Highways N.H.No. 7A, Thirunelveli-11, Thirunelveli District.

4.The Authorized Officer of Indian Bank, Millerpuram Branch, 20M/3, 1st street, Tuticorin - 628 003.

5. The Branch Manager, Indian Bank Millerpuram Branch, 20M/3, 1st Street, Tuticorin - 628003.

4/5

C.SARAVANAN, J.

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