1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:17.03.2011 CORAM: THE HONOURABLE MR.JUSTICE B.RAJENDRAN Writ Petition (MD)No.2509 of 2011 Dr.Ambedkar Mandaram, Thiruchuly, Rep by its President M.Muniyasamy, Thiruchuly, Virudhunagar District. :Petitioner -Vs- 1.The District Collector, Virudhunagar District, Virudhunagar. 2.The Tahsildar, Thiruchuly Taluk, Thiruchuly. 3.The Divisional Engineer, Highways, Thiruchuly Division, Virudhunagar District. 4.The Assistant Divisional Engineer, Highways, Thiruchuly Division, Virudhunagar District. :Respondents Prayer:Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, forbearing the respondents from demolishing and removing the Dr.Ambedkar Mandram shed situated at survey No.81, Thiruchuly main Road, Virudhunagar District except due process of law. For Petitioner :Mr.C.Mahil Vahana Rajendran For Respondents:Mr.K.Balasubramanian, Additional Government Pleader. ORDER The petitioner alleges that he is occupying Government poramboke land. According to the petitioner, earlier in the eviction drive in the year 2005, they have been evicted from the premises. Now, he would contend that he is in possession of the property. Therefore, he filed the present writ petition forbearing the respondents from demolishing and removing the construction. https://hcservices.ecourts.gov.in/hcservices/ 2 2.Learned Additional Government Pleader filed counter affidavit wherein it has been clearly stated that the Mandram was removed as early as in the year 2005. Thereafter, when they have encroached the property in question on 19.02.2011, the Divisional Engineer inspected on 22.02.2011 and immediately took steps to vacate them. Further, learned Additional Government Pleader brought to the notice of this Court that the petitioner himself already filed a suit in O.S.No.39 of 2011 on the file of the District Munsif Court, Aruppukkottai for the very same relief on 25.02.2011, as they did not get any interim order, they have filed the present writ petition and has got interim order. He further submitted that since the present writ petition has been filed by the petitioner suppressing all the material facts, the same is liable to be dismissed. He further submitted that since they have already been evicted as encroacher even in the year 2005, he cannot have any legal remedy before this court. 3.Heard the submissions made by the learned counsel on either side and perused the materials available on record. 4.In view of the fact that the petitioner has already been evicted in the year 2005 itself and the petitioner has suppressed the filing of the suit in O.S.No.39 of 2011 on the file of the District Munsif Court, Aruppukkottai for the very same relief, he will not be entitled to seek any indulgence from this Court. Hence, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CO) / TRUE COPY / Sub Assistant Registrar To: 1.The District Collector, Virudhunagar District, Virudhunagar. 2.The Tahsildar, Thiruchuly Taluk, Thiruchuly. 3.The Divisional Engineer, Highways, Thiruchuly Division, Virudhunagar District. 4.The Assistant Divisional Engineer, Highways, Thiruchuly Division, Virudhunagar District. +1CC to Mr.C.Mayil Vahana Rajendran, Advocate. SR.No.6979. +1CC to The Special Government Pleader. SR.No.7127. Sms Writ Petition (MD)No.2509 of 2011 RP/31.03.2011/2P/7C. 17.03.2011. https://hcservices.ecourts.gov.in/hcservices/