Noorul Ameen, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.08.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and M.P(MD)No.2 of 2014 1.Noorul Ameen 2.Seyad Ahmed 3.Kamila Beevi ... Petitioners Vs 1.The District Collector, 2.The President, Pudumadam Village Panchayat, 3.The Tahsildar, 4.The Block Development Officer, Uchipuli Village, Mandapam Block, ... Respondents 1/4

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, direction to forbear the respondents from interfering with the peaceful possession and enjoyment of the property belonging to the Petitioners situate at Old Survey No. 100/1. New Survey No. 100/12 (part), Pudumadam Village, Ramnad Taluk, Ramnad District ad measuring a total of 02 acres of Punjai land except otherwise in accordance with law and for consequential orders.

For Petitioners : Mr.S.Ramesh For Respondents : Mr.D.Gandhiraj Special Government Pleader

ORDER

Heard both sides.

2. The case of the petitioners is that the petition mentioned lands belong to them absolutely and that the respondents must be restrained from interfering with their possession and enjoyment.

3. The learned Special Government Pleader would submit that in respect of the very same property, the petitioner had already filed O.S.No.99 of 2010 on the file of the District Munsif Court, Rameshwaram. The respondents would claim that the suit was dismissed on 21.08.2017 and that it has become final. The learned counsel for the petitioner would claim that it was set aside in the first appeal and that the matter has been remanded. 2/4

4. A copy of the judgment and decree of the first appellate Court has not been produced. Be that as it may, when the petitioners have taken recourse to remedy before the jurisdictional civil Court, in my view rightly so, the question of parallelly conducting writ proceedings on the same cause of action does not arise at all. The petitioner will have to necessarily work out all the remedies only before the jurisdictional civil Court.

5. Granting liberty to pursue their remedies, this writ petition is dismissed. I make it clear that this dismissal of the writ petition will not in any way cast any cloud on the petitioners' rights pending in the civil proceedings. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

11.08.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No MGA To 1.The District Collector, 2.The President, Pudumadam Village Panchayat, 3/4

G.R.SWAMINATHAN, J.

MGA 3.The Tahsildar, 4.The Block Development Officer, Uchipuli Village, Mandapam Block, Copy to:

District Munsif Court, Rameshwaram.

and M.P(MD)No.2 of 2014 11.08.2023 4/4