1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.03.2011 CORAM: THE HONOURABLE MR.JUSTICE B.RAJENDRAN W.P.(MD).No.2977 of 2011 And M.P.(MD).No. 1 of 2011 Subramanian : Petitioner Vs 1. The Divisional Engineer Public Works Department Office of the Divisional Engineer Karaimettupatti, Manapparai Trichy District 2. The Medical Officer Government Hospital Thuvarankurichi, Manapparai Taluk Trichy District : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus forbearing the respondents from interfering with the peaceful possession and enjoyment of the petitioner over the property in Survey No. 23/3B at Thuvarankurichi Village, Manapparai Taluk, Trichy District without following due process of law. For petitioner : Mr.J.Anandkumar For Respondents : Mr.K.Balasubramanian Additional Government Pleader O R D E R The petitioner has come forward with this Writ Petition to issue a Writ of Mandamus forbearing the respondents from interfering with the peaceful possession and enjoyment of the petitioner over the property in Survey No. 23/3B at Thuvarankurichi Village, Manapparai Taluk, Trichy District without following due process of law. 2. The learned counsel appearing for the petitioner would contend that earlier the Government Hospital was proposed to be extended without issuing any notice to the petitioner. Therefore, the Tahsildar and the Government Officials demolished the petitioner's house in the year 2009. Aggrieved over the same, the petitioner has filed a suit in O.S.No. 328 of 2009, on the file of District Munsif Court, Manapparai, for declaration and recovery of possession and the same is pending till date. He would further contend that the petitioner is living in the said property by putting up a small hut and the respondents herein are attempting to put up construction for the extension of the Government Hospital. The present Writ Petition is filed on the ground that since the respondents are different from the persons, who originally took possession, namely, Tahsildar, concerned. https://hcservices.ecourts.gov.in/hcservices/ 2 3. At the time of admission, a specific question was asked to the learned counsel appearing for the petitioner, since he has admitted in the Writ Petition that already a suit has been filed for declaration and recovery of possession whether it included the property which is now the subject matter of property in question. The learned counsel appearing for the petitioner took time. The matter was called again at 2.15 p.m.,. After getting instructions from his client, he specifically stated before the Court that totally 15 cents of land with the building was demolished and the Tahsildar took possession of the property and the present claim made in the petition property is also included in the suit. He would only contend that he is now in a possession of a portion in a hut. As against the original dispossession, the petitioner has already filed a suit for declaration and recovery of possession claiming that the petitioner is the owner of the property. His only contention is that since the respondents are different, from the persons, who originally took possession, namely, Tahsildar, the petitioner has filed a separate writ petition. 4. This Court is of the considered view that the claim of the petitioner is not maintainable. Having filed a civil suit for declaration and recovery of possession by the petitioner now claiming that he is in possession a protion of the property, the question of facts can not be decided in a writ jurisdiction. Writ petitioner was originally evicted by the Government authorities Thasildar. When the building is tried to be erected by the PWD he cannot now contend that they are different from the officers who evicted him and maintain a separate writ petition. Also the civil suit is pending. The Writ Petition is a frivolous one and the same is dismissed in-limine. Consequently, connected Miscellaneous Petition is also dismissed. No costs. Sd/- Assistant Registrar (P&A) /True Copy/ Sub Assistant Registrar (C.S) To 1. The Divisional Engineer Public Works Department Office of the Divisional Engineer Karaimettupatti, Manapparai, Trichy District 2. The Medical Officer Government Hospital Thuvarankurichi, Manapparai Taluk, Trichy District + 1 cc to The Special Government Pleader, SR No.6854 W.P.(MD).No.2977 of 2011 And M.P.(MD).No. 1 of 2011 15.03.2011 vsg RJ/30.3.11 2p/4c https://hcservices.ecourts.gov.in/hcservices/