IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07.06.2011 CORAM: THE HON'BLE MR.JUSTICE T.RAJA W.P.No.11619 of 2010 and M.P.Nos.1 and 2 of 2010 S.Belmon Thampi ... Petitioner Vs. 1. The Secretary to Government Home Department Fort St. George Chennai. 2. The District Collector Kanyakumari District Nagercoil Village Agastheeswaram Taluk, Kanyakumari District. 3. The President Melasankarankuzhi Village Panchayat Toppoor Junction Vembanoor Village Agastheeswaram Taluk Kanyakumari District. ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India for the issuance of writ of mandamus, forbearing the respondent from altering or changing our village name from Santhapuram to Payode in Agastheeswaram Taluk, Kanyakumari District. For Petitioner : M/s.C.Robert Bruce For Respondents : Mr.K.V.Dhanapalan, Additional Government Pleader for R1 & R2 No appearance for R3 For Petitioner: Mr.V.Selvaraj in MP 2/10 https://hcservices.ecourts.gov.in/hcservices/ ORDER This writ petition has been filed by the petitioner, seeking for a writ of mandamus, forbearing the respondents from altering or changing the village name from Santhapuram to Payode in Agastheeswaram Taluk, Kanyakumari District. 2. The learned counsel appearing for the petitioner has submitted that a suit was already filed on the file of the First Additional Munsif, Nagercoil, for the relief of permanent injunction restraining the District Collector and the President of the local panchayat from giving any other name other than Peyode in any document or building or structure that comes within the territory of Block No.7 in Melasankarankuzhi Village, Panchayat as found in 1988 Voters' List and further relief of a mandatory injunction, directing the defendants to correct the documents. The President and Collector also filed a written statement contending that the Panchayats are classified on the basis of Survey Numbers of Revenue areas. Finally, the Trial Court decreed the suit as prayer for. Aggrieved by the said decree and judgment passed by the trial Court, an appeal in A.S.No.67 of 2002, was filed before the Additional District Judge, Nagercoil. The learned Additional Judge has also accepted the decree and judgment passed by the trial Court and dismissed the appeal. As against that, the second appeal No.535 of 203 was filed before this Court and the same came to be dismissed. Aggrieved against that order, review application also came to be filed and the same is reported pending. Therefore, the learned counsel for the petitioner submits that before the review application is taken up and disposed of, the present writ petition need not be taken up for final hearing. 3. The learned Additional Government pleader appearing for the respondents by bringing to the notice of this Court the earlier order passed by this Court in W.P.No.16651 of 2003 contended that the present writ petition is not maintainable for the reason that the prayer sought for in the present writ petition was already considered by this Court by order dated 23.12.2008 in a batch of matters namely, W.P.Nos.16651 of 2003 and 342 of 2004 and another order passed in S.A.No.535 of 2003. Therefore, when the matter has already become final, the present writ petition seeking the same prayer which was already considered and became final, cannot be once again reopened. As rightly contended by the learned Additional Government Pleader appearing for the respondents, when I look at the prayer made by Shanthapuram Village Welfare Association represented by its Secretary in W.P.No.16651 of 2003, this Court by order dated 23.12.2008 has considered the very same prayer and rejected the same. In view of the above submissions, this Court finds that the very same prayer was made in W.P.No.16651 of 2003 and the same was rejected by this Court on https://hcservices.ecourts.gov.in/hcservices/ 23.12.2008. Hence, the writ petition is dismissed. No costs. Consequently, M.P.No.1 of 2010 is closed. 4. In view of the above order, the impleading petition in M.P.No.2 of 2010 also stands dismissed. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar ogy To 1. The Secretary to Government Home Department Fort St. George Chennai. 2. The District Collector Kanyakumari District Nagercoil Village Agastheeswaram Taluk, Kanyakumari District. 3. The President Melasankarankuzhi Village Panchayat Toppoor Junction Vembanoor Village Agastheeswaram Taluk Kanyakumari District. +1cc to Mr.C.Robert Bruce, Advocate Sr 33131 +1cc to Mr.v.Selvaraj, Advocate Sr 32626 +1cc to Govt. Pleader Sr 32837 SA(CO) km/27.6. W.P.No.11619 of 2010 https://hcservices.ecourts.gov.in/hcservices/