The writ petition was dismissed due to the petitioner's concealment of a pending civil suit (O.S.No.17 of 2010) filed on the same subject matter, which was not disclosed. The court held the omission a material fact warranting dismissal.
None; the petition was dismissed with costs of Rs.5,000.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.09.2016
CORAM :
The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE
AND
The Hon'ble MR.JUSTICE R.MAHADEVAN
W.P. No.770 of 2016 and W.M.P.No.576 of 2016 K.N.Krishnamoorthy .. Petitioner -vs1.The District Collector, Erode District, Erode. 2.The Tahsildar, Erode Taluk, Erode District. 3.The Executive Engineer, Public Works Department (WRO), Erode. 4.The President, Kathirampatti Village Panchayat, Kathirampatti, Kathirampatti Post, Erode Taluk, Erode District. 5.S.Mohana, Tahsildar, Erode Taluk, Erode District. 6.D.Mahalingam, President, Kathirampatti Village Panchayat, Kathirampatti, Kathirampatti Post, Erode Taluk, Erode District.
9.Iyarkai Valam Matrum Perumballa Odai Padukappu Nala Sangam, rep. by its President K.Shanmugasundaram, 424, Avaranganthottam, Kathirampatti Village & Post, Erode District-638 107.
10.The Secretary, Public Works Department, Government of Tamil Nadu, Fort St. George, Chennai. 11.The Secretary, Irrigation Department, Government of Tamil Nadu, Fort St. George, Chennai. 12.S.Krishnamurthy 13.P.Rangasamy 14.C.Balasubramani .. Respondents (Respondent No.9 impleaded as per the order in WMP.No.9544 of 2016 dt. 23.3.2016) (Respondent Nos.10 & 11 impleaded suo-motu as per the order dt. 7.6.2016) (Respondent Nos.12 to 14 impleaded as per the order in WMP.No.16663 of 2016 dt. 07.9.2016)
Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorarified Mandamus to call for the records in Proceedings No.Na.Ka.20586/2013/B6 dated 23.11.2015 passed by the second respondent and to quash the same and consequently direct the respondents to restore the water body/water course passing through the land comprised in R.S.No.147/3 of Kathirampatti Village, Erode Taluk and District to its original position by removing all obstructions and encroachments made upon it.
For Petitioner : Mr.S.Saravanan For Respondents : Mr.C.Manishankar Addl. Advocate General assisted by M.K.Subramanian
Govt. Pleader for R1 to R3, R10 & R11
Mr.S.Navaneethan for R4
Mr.Naveenmurthy
for
Mr.K.Ramasamy for R7 & R8
Mrs.R.Varalakshmi for R12 to R14
O R D E R
(Order of the Court was made by The Hon'ble Chief Justice)
We have perused the pleadings. It emerges that there is a cart pathway as well as water area. The Tahsildar, Erode has taken steps to remove the encroachments from both.
-s/dAssistant Registrar
True Copy
Sub-Assistant Registrar
To
aa14/10/2016
2 issues framed by the court
Whether the writ petition should be permitted despite concealment of a pending civil suit on the same subject matter?
Whether the petitioner filed a civil suit regarding the same land encroachment issue previously?
K.N.Krishnamoorthy
The District Collector, Erode District
The Tahsildar, Erode Taluk
The Secretary, Public Works Department, Government of Tamil Nadu
The Secretary, Irrigation Department, Government of Tamil Nadu
Sanjay Kishan Kaul
R. Mahadevan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
