L.Antony Siluvai Raj v. F.Anthoni Muthu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.07.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE K.RAJASEKAR and C.M.P(MD)No.8779 of 2025 L.Antony Siluvai Raj ... Appellant / 3rd Party Vs.
1.F.Anthoni Muthu ... 1st Respondent / Writ Petitioner 2.The Tahsildar, Thoothukudi, 3.The Taluk Head Surveyor, Sathankulam Taluk, 4.The Inspector of Police, Thattarmadam Police Station, ... Respondents 2 to 4 / Respondents 1 to 3 Prayer: Writ Appeal filed under Clause 15 of the Letters Patent to set aside the order passed by this Court in W.P(MD)No.12399 of 2025 dated 28.04.2025. 1/4
For Appellant : Mr.B.Saravanan Senior Counsel For Respondents : Mr.A.Mohamed Haneef for R.1 Mr.N.Satheesh Kumar Additional Government Pleader for R.2 & R.3 Mr.T.Senthil Kumar Additional Public Prosecutor for R.4
JUDGMENT
(By G.R.SWAMINATHAN, J.) Heard both sides.
2.This Writ Appeal is directed against the order dated 28.04.2025 made in W.P(MD)No.12399 of 2025 filed by the first respondent herein. The learned single Judge vide order dated 28.04.2025 allowed the writ petition and directed the respondents to conduct survey. It is now brought to our attention that for the very same relief the writ petitioner herein had earlier filed W.P(MD)No. 16548 of 2024 which is still pending adjudication. When a writ petition seeking the same relief on the same cause of action is already pending, it is not open to the petitioner to file a second writ petition. It is also to be noted that in 2/4
the second writ petition, the filing of the earlier writ petition was not disclosed. Interestingly, the appellant who was originally shown as the third respondent in the earlier writ petition, was not impleaded as a party in the subsequent petition. We cannot countenance such conduct. The second writ petition is clearly not maintainable. We however permit the writ petitioner herein to pursue his remedy in W.P(MD)No.16548 of 2024. Order dated 28.04.2025 made in W.P(MD)No.12399 of 2025 is set aside.
3.This Writ Appeal is allowed accordingly. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. [G.R.S., J.] [K.R.S., J.] 30.07.2025 NCC : Yes / No Internet : Yes / No Index : Yes / No MGA To 1.The Tahsildar, Thoothukudi, 3/4
G.R.SWAMINATHAN, J and K.RAJASEKAR, J.
MGA 2.The Taluk Head Surveyor, Sathankulam Taluk, 3.The Inspector of Police, Thattarmadam Police Station, 30.07.2025 4/4