Madras High Court
Mohammad Yusuf vs The District Collector on 9 February, 2021
W.A.(MD)No.293 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 09.02.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)No.293 of 2021
Mohammad Yusuf : Appellant
Vs.
1.The District Collector,
Kanyakumari District,
at Nagercoil.
2.The Revenue Divisional Officer,
Padmanabapuram,
Thuckalay,
Kanyakumari District.
3.The Assistant Superintendent of Police,
Padmanabapuram,
Thuckalay,
Kanyakumari District.
4.S.Abdul Hameed
5.Suresh Raman : Respondents
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent as against the
order dated 06.08.2018 made in W.P.(MD)No.17552 of 2018.
1/4
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W.A.(MD)No.293 of 2021
For Appellant : Mr.A.Balakrishnan
For Respondents : Mr.K.P.Krishnadoss,
Special Government Pleader
for R.1 to R.3
*****
JUDGMENT
(Judgment of the Court was delivered by M.M.SUNDRESH, J.)
The appellant has come forward to file this writ appeal challenging the order
of the learned Single Judge, who, after taking notice that the dispute being civil in
nature and the pendency of the suit filed at the instance of the appellant, refused to
grant the relief.
2. The learned Counsel appearing for the appellant submitted that the
official respondents are duty bound to take action.
3. We do not find any merit in this appeal. The civil suits have been
instituted right from the year 1977 onwards, starting with O.S.No.277 of 1976. In
that suit, the appellant's father was a party. The aforesaid proceedings ended in
S.A.No.1469 of 1991, through the judgment dated 22.11.2002.
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W.A.(MD)No.293 of 2021
4. Thereafter, one more suit has been filed in O.S.No.215 of 1995 by the
appellant himself. As against the same, appeals have been filed and disposed of in
A.S.Nos.105 & 143 of 2005, dated 27.08.2008. There is yet another suit in
O.S.No.168 of 1999 filed by the fourth respondent herein, in which also, the
appellant was a party. The appeal filed in A.S.No.90 of 2006 was disposed on
26.09.2008. Not satisfied with the same, the appellant filed a further suit in
O.S.No.54 of 2014 on the file of the District Munsif Court, Eraniel, which is stated
to be still pending. At this stage, the writ petition came to be filed.
5. From the above facts, we do not wish to state anything more, except by
agreeing with the views expressed by the learned Single Judge. The appellant is
taking recourse from one legal course to another without any basis. We also note
that the subject matter of the property in all the proceedings is a similar one.
6. In such view of the matter, we are not inclined to interfere with the
impugned order and as such, this writ appeal stands dismissed. No costs.
Index : Yes / No [M.M.S.,J.] [S.A.I.,J.]
Internet : Yes 09.02.2021
gk
http://www.judis.nic.in
W.A.(MD)No.293 of 2021
M.M.SUNDRESH, J.
AND
S.ANANTHI, J.
gk
To
1.The District Collector,
Kanyakumari District,
at Nagercoil.
2.The Revenue Divisional Officer,
Padmanabapuram,
Thuckalay,
Kanyakumari District.
3.The Assistant Superintendent of Police,
Padmanabapuram,
Thuckalay,
Kanyakumari District.
W.A.(MD)No.293 of 2021
09.02.2021
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