P.Murugan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.04.2025

CORAM:

THE HON'BLE MRS JUSTICE J. NISHA BANU AND THE HON'BLE MRS JUSTICE S.SRIMATHY and W.M.P.(MD)No.17889 of 2019 P.Murugan

...Petitioner

-Vs1.The District Collector, Tirunelveli District.

2.The District Revenue Officer, Tirunelveli.

3.The Revenue Divisional Officer, Tenkasi, Tirunelveli District.

4.The Thasildar, Tenkasi Taluk, Tirunelveli District.

5.The Inspector of Police, Pavoor Chathram Police Station, Tirunelveli District.

6.Mayandi 7.K.Ramasamy Konar 8.M.Moorthy

...Respondents

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PRAYER:Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents 1 to 5 to remove the obstruction made by the respondents 6 to 8 in the cart track running through Survey Nos.453, 481 and 502 and its sub divisions, Kulasekarapatti Village, Tenkasi Taluk, Tirunelveli District. For Petitioner : Mr.J.Barathan For R1 to R5 : Mr.P.Thilak Kumar Government Pleader For R6 to R8 : Mr.M.Muthu Geethayan

ORDER

(Order of the Court was made by J.NISHA BANU, J.) This writ petition is filed seeking a direction to the respondents 1 to 5 to remove the obstruction made by the respondents 6 to 8 in the petition mentioned property.

2.Perusal of the records shows that with regard to the property in question, a civil suit has been filed in O.S.No.36 of 2017 before the Principal District Munsif Court, Tenkasi.

3.It is seen that the issue raised in this writ petition is with regard to the cart track in the subject property. With regard to the said issue civil proceedings was also initiated. It has also been brought to the notice of this Court that the suit 2/4

has been dismissed and an appeal is filed as against the said judgment. Further, the appeal is pending. If really the petitioner is aggrieved, it is for the petitioner to canvass the proceedings pending before the civil Court. Without doing so, no writ proceedings can be initiated before this Court by the petitioner, parallelly. 4.In light of the above, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. (J.N.B.,J.) (S.S.Y.,J.) 01.04.2025 Index:Yes/No Internet : Yes/No ta To 1.The District Collector, Tirunelveli District.

2.The District Revenue Officer, Tirunelveli.

3.The Revenue Divisional Officer, Tenkasi, Tirunelveli District.

4.The Thasildar, Tenkasi Taluk, Tirunelveli District.

5.The Inspector of Police, Pavoor Chathram Police Station, Tirunelveli District.

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J. NISHA BANU,J.

and S.SRIMATHY.J ta 01.04.2025 4/4