1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:16.09.2011 CORAM: THE HONOURABLE MR.JUSTICE P.JYOTHIMANI and THE HONOURABLE MR.JUSTICE M.M.SUNDRESH Writ Appeal (MD) Nos.817 to 823 of 2011 P.Pandiyan .. Appellant in WA.No.817/2011 S.Kumar .. Appellant in WA.No.818/2011 S.Ramachandran .. Appellant in WA.No.819/2011 N.Balakrishnan .. Appellant in WA.No.820/2011 K.Anthreya .. Appellant in WA.No.821/2011 R.Kasirajan .. Appellant in WA.No.822/2011 M.Sermathurai .. Appellant in WA.No.823/2011 Vs. 1.The District Collector Tuticorin. 2.The Executive Officer, Vilathikulam Town Panchayat, Selection Grade, Tuticorin District. 3.Dr.Jeyaraman S/o.Karuppasamy Pillai, High School Street, Vilathikulam, Tuticorin District. ... Respondents in all Was (817 to 823/2011) Writ Appeals filed under Clause XV of Letters Patent Act to set aside the common order passed in W.P.No.5846 of 2011 to 5852 of 2011 (batch), dated 16.06.2011 by this Hon'ble Court, and allow these writ appeals. https://hcservices.ecourts.gov.in/hcservices/ 2 Prayer in WP.Nos.5846 to 5852/2011: Petitions filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, forbearing the respondents from vacating and demolishing the petitioners' shop in Shop No.1, 10, 4, 11, 13, 12, 5 situated in Survey No.548, South Car Street, Vilathikulam, Tuticorin District. For Appellants .. Mr.N.Sankar Ganesh (in all WA's) For Respondents .. Mr.R.Karthikeyan R1 & R2 Additional Government Pleader (in all WA's) For Respondent 3 .. No Appearance COMMON JUDGMENT (Judgment of the Court was delivered by M.M.SUNDRESH, J.) These Writ Appeals have been filed against the common order passed by the learned Single Judge, in W.P.(MD) Nos.5846 of 2011 etc., batch, dated 16.06.2011, by which, the writ petitions have been dismissed on the ground that there is already a decree granted by the jurisdictional Civil Court and the appellants herein have filed an application under Section 47 of the Code of Civil Procedure in the execution petition. 2. Admittedly, the Civil Court has granted a decree for possession in favour of the third respondent. The appellants herein have also filed an application under Section 47 of the Civil Procedure Code and thus, they have already approached the competent Civil Court. Hence, the order of the learned Single Judge does not warrant any interference. Accordingly, these writ appeals are dismissed giving liberty to the appellants to work out their remedy in the application filed under Section 47 of the Code of Civil Procedure or to take appropriate action, after the same, in the manner known to law. No costs. Consequently connected miscellaneous petitions are also dismissed. Sd/- Assistant Registrar (Records) /True Copy/ Sub Assistant Registrar To: 1.The District Collector, Tuticorin. 2.The Executive Officer, Vilathikulam Town Panchayat, Selection Grade,Tuticorin District. +7cc to Mr.N.Sankar Ganesh, Advocate Sr.No.31764 to 31770 rr ssk/26.09.2011 /10c-2p/- Judgments Made in WA(MD) Nos.817 to 823 of 2011 and M.P.Nos.1,1,1,1,1,1,1, 2,2,2,2,2,2,2 and 3,3,3,3,3,3,3 of 2011 16.09.2011 https://hcservices.ecourts.gov.in/hcservices/