S.Kasidurai v. The Government Of Tamilnadu Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.07.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE B.PUGALENDHI S.Kasidurai ... Petitioner Vs.

1.The Government of Tamilnadu, Rep. By, the Principal Secretary to the Government, Rural Development and Panchayat Raj Department, Fort St.George, Chennai - 600009.

2.The Director of Town Panchayat, Directorate of Town Panchayat, 7th and 8th Floor Urban Administrative Office Campus, Chennai - 600028.

3.The District Collector, Thoothukudi District, Thoothukudi - 628101.

4.The Assistant Director of Town Panchayat, Thirunelveli - Thoothukudi Zone, Tirunelveli.

5.The Executive Officer, Alwarthirunagari Town Panchayat, Alwarthirunagari, Thoothukudi District - 628612.

1/4

6.J.K.Isaac Packiaraj 7.I.Jebamalar Suganthi ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 4th respondent to consider the petitioner's representation dated 02.04.2024 and take necessary action to cancel the Land Tax Assessment order and cancel the building plan approval given by the Executive Officer, Alwarthirunagari Town Panchayat, to the government land in Survey No.975/16 and consequently directing the 4th respondents to take appropriate disciplinary action against 5th respondent the Executive Officer, Alwarthirunagari Town Panchayat within a stipulated period fixed by this Court.

For Petitioner : Mr.J.Antony Jesus For Respondents : Mr.K.Balasubramani, Spl. Government Pleader for R1 to R4.

Mr.A.Baskaran, Addl. Government Pleader for R5.

ORDER

It is seen that the writ petitioner has filed O.S.No.177 of 2021 before the District Munsif Court, Srivaikundam. If certain subsequent developments have taken place, it is always open to the writ petitioner 2/4

herein to amend the suit prayer appropriately. If the petitioner wants any interim relief, even the same can be obtained before the jurisdictional Civil Court. The petitioner cannot be permitted to file a parallel writ petition on the same cause of action.

2.Granting liberty to the writ petitioner to pursue the pending suit remedy, the writ petition is dismissed. No costs. (G.R.S.J.,) & (B.P.J.,) 04.07.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- 1.The Principal Secretary, Rural Development and Panchayat Raj Department, Fort St.George, Chennai - 600009.

2.The Director of Town Panchayat, Directorate of Town Panchayat, 7th and 8th Floor Urban Administrative Office Campus, Chennai - 600028.

3.The District Collector, Thoothukudi District, Thoothukudi - 628101.

3/4

G.R.SWAMINATHAN, J.

and B.PUGALENDHI, J.

ias 4.The Assistant Director of Town Panchayat, Thirunelveli - Thoothukudi Zone, Tirunelveli.

5.The Executive Officer, Alwarthirunagari Town Panchayat, Alwarthirunagari, Thoothukudi District - 628612.

04.07.2024 4/4