1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.12.2011 CORAM: THE HONOURABLE MR.JUSTICE K.N.BASHA AND THE HONOURABLE MR.JUSTICE M.VENUGOPAL Writ Petition (MD)No.14237 of 2011 and M.P.(MD)No.1 of 2011 Balusamy, S/o.Duraisamy Goundar ... Petitioner Vs. 1.The Tahsildar, Periyakulam Taluk,Theni District. 2.The Inspector of Police, Devathanapatti Police Station, Theni District. 3.Anburaj, S/o.Mokkiah Goundar ... Respondents Writ Petition under Article 226 of the Constitution of India praying for issuance of a writ of mandamus, forbearing the respondents 1 and 2 from, in any manner, evicting the petitioner from the property comprised in Old S.No.1666/1P and New S.No.1666/5 and the appurtenance vacant site in S.No.1666/1A in Jeyamangalam Village in Periyakulam Taluk in Theni District, without issuing notice under the provisions of Tamil Nadu Land Encroachment Act, 1905. For Petitioner : Mr.R.Suriya Narayanan For Respondents : Mr.R.Anandharaj, 1 & 2 Government Advocate. ORDER [Order of the Court was made M.VENUGOPAL, J] The petitioner has filed the writ petition praying for the relief of a direction, forbearing the respondents 1 and 2 from, in any manner, evicting the petitioner from the property, comprised in Old S.No.1666/1P and New S.No.1666/5 and in S.No.1666/1A, in Jeyamangalam Village, Periyakulam Taluk, Theni District, without issuing notice under the provisions of Tamil Nadu Land Encroachment Act, 1905. 2.Heard the learned counsel for the petitioner and perused the materials placed before this Court. 3.Admittedly, the petitioner has approached the Civil Court by filing a suit in O.S.No.62 of 2011 on the file of the District Munsif Court, Periyakulam. It appears that in the said suit, Advocate Commissioner has been appointed and he has already inspected the property and submitted his report. When the writ https://hcservices.ecourts.gov.in/hcservices/ 2 petitioner has already approached the civil court, wherein the relief of mandatory injunction has been sought for and the said suit is pending, we are of the considered view that the petitioner cannot approach this Court for the same relief once again. Hence, the writ petition filed by the petitioner is devoid of merits. 4.Accordingly, the writ petition fails and the same is dismissed. No costs. Connected M.P.(MD)No.1 of 2011 is closed. It is made clear that the dismissal of the writ petition will not preclude the writ petitioner to seek appropriate remedy before the competent forum in the manner known to Law and in accordance with Law. Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar To: 1.The Tahsildar, Periyakulam Taluk, Theni District. 2.The Inspector of Police, Devathanapatti Police Station, Theni District. +one cc to Special Government Pleader, Sr.No. 44055 Order in W.P.(MD)No.14237/2011 and MP(MD)No.1 of 2011 Dated:14.12.2011 GB SMA/29.12.2011/4C/2P https://hcservices.ecourts.gov.in/hcservices/