1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.02.2011 CORAM: THE HONOURABLE MR.JUSTICE N.PAUL VASANTHAKUMAR AND THE HONOURABLE MR.JUSTICE R.SUBBIAH Writ Petition (MD)No.720 of 2011 K.Balasubramani : Petitioner Vs. 1.The District Collector, Trichy District, Trichy. 2.The Tahsildar, Manappparai, Trichy District. 3.The Commissioner, Vaiyampatti Panchayat Union, Vaiyampatti (Post), Manapparai Taluk, Trichy District. 4.The President, Vaiyampatti Panchayat, Vaiyampatti. 5.V.Subramanian : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of mandamus directing the 1st and 2nd respondents to implement the orders passed by the 1st respondent in his proceedings Na.Ka.No.A4/2708/2010, dated 19.11.2010 and remove the encroachments in the lands in survey Nos.391/6, 391/7, 391/8, 391/9 at Vaiyampatti Village Manapparai Taluk, Trichy District. For Petitioner : Mr.J.Jeyakumaran For Respondents : Mr.R.Janakiramulu, 1 to 3 Spl.Govt.Pleader. For Respondent-4 : Mr.Mr.N.Elango For Respondent-5 : Mr.G.R.Swaminathan O R D E R [Order of the Court was made BY N.PAUL VASANTHAKUMAR, J] The prayer in the writ petition is for issuing a writ of mandamus directing the 1st and 2nd respondents to implement the orders passed by the 1st respondent in his proceedings Na.Ka.No.A4/2708/2010, https://hcservices.ecourts.gov.in/hcservices/ 2 dated 19.11.2010 and remove the encroachments in the lands in survey Nos.391/6, 391/7, 391/8, 391/9 at Vaiyampatti Village Manapparai Taluk, Trichy District. 2.Learned counsel appearing for the 5th respondent submitted that with regard to the same property, the 5th respondent has already filed a suit in O.S.No.408 of 2010 on the file of District Munsif Court, Manapparai and the said suit is pending. 3.Since the subject matter of the dispute is one and the same and a suit having been already filed as early as in October, 2010, the writ petition filed subsequently on 8.01.2011 for the same subject matter cannot be entertained. If the petitioner has got any grievance, it is open to him to get himself impleaded in the pending suit and get appropriate orders. 4.The writ petition is dismissed with the above observation. No costs. Sd/- Deputy Registrar (LA) /True copy/ Assistant Registrar To: 1.The District Collector, Trichy District, Trichy. 2.The Tahsildar, Manappparai, Trichy District. 3.The Commissioner, Vaiyampatti Panchayat Union, Vaiyampatti (Post), Manapparai Taluk, Trichy District. +1CC TO MR.N.ILANGO, ADVOCATE, SR.9570 +1CC TO MR.G.R.SWAMINATHAN, ADVOCATE SR.9902 gb SR : 17.03.2011 : 2p/6c ORDER IN WP(MD)No.720 of 2011 Dated:23.02.2011 https://hcservices.ecourts.gov.in/hcservices/