Dismissed¶32

Palanichamy v. The District Collector

Madras HC21 Mar 2025WP(MD)/7932/2025

Case brief

AI extract

What is this about?

W.P.(MD) No.7932 of 2025, Madurai Bench of Madras High Court, decided 21.03.2025, coram J. Nisha Banu (author) and S. Srimathy. Palanichamy v. District Collector, Trichy District and others. Mandamus under Article 226 sought to remove sand loaded by 4th respondent before laying cement road in East West road, Survey No.70/2, Sethurapatti Village, Srirangam Taluk, Trichy District. Held: dispute civil in nature; remedy lies before civil forum in pending suit O.S.No.104 of 2024 (permanent injunction) before Sub Court, Trichy; writ petition not entertainable. Dismissed, no costs. Keywords: alternative remedy, civil dispute, pending suit, permanent injunction, sand removal, mandamus refused, Article 226, Trichy.

What did the court decide?

The dispute involved in the writ petition is civil in nature. ¶28

Palanichamy Vs The District Collector — Writ and Judicial Review | Madras HC (2025)

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W.P.(MD) No.7932 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 21.03.2025

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CORAM:

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THE HONOURABLE MRS.JUSTICE J.NISHA BANU

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AND

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THE HONOURABLE MRS.JUSTICE S.SRIMATHY

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W.P.(MD)No.7932 of 2025

Palanichamy

... Petitioner

-Vs-

1.The District Collector, Trichy District, Trichy.

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2.The Block Development Officer, Panchayat Union, Manikandam, Srirangam Taluk, Trichy District.

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3.The Deputy Block Development Officer, Panchayat Union, Manikandam, Srirangam Taluk, Trichy District.

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4.Savarimuthu

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... Respondents

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PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 3 to remove the sand loaded by the 4^th respondent before laying cement road in East West road situated in Survey No.70/2 situated in Sethurapatti Village, Srirangam Taluk, Trichy District within a time frame stipulated by this Court.

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Page 1 of 4

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.7932 of 2025

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For Petitioner : Mr.I.Velpradeep For R1 to R3 : Mr.P.Thilak Kumar, Government Pleader

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ORDER

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[Order of the Court was made by J.NISHA BANU, J. ]

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By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

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2.The petitioner seeks a direction to the respondents 1 to 3 to remove

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the sand loaded by the 4^th respondent in front of the house of the petitioner situated in Survey No.70/2, Sethurapatti Village, Srirangam Taluk, Trichy District before laying cement road in East West road.

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3.Mr.P.Thilak Kumar, learned Government Pleader takes notice for the respondents 1 to 3. Notice to the 4^th respondent is dispensed with, since no adverse order is going to be passed as against him.

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4.On perusal of the affidavit filed by the petitioner, it is seen that the dispute involved in this petition is civil in nature and the petitioner has already

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Page 2 of 4

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.7932 of 2025

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filed a suit in O.S.No.104 of 2024 seeking permanent injunction before the Sub Court, Trichy. Pending the same, he has filed this Writ Petition. Therefore, the petitioner can seek his remedy before the civil forum in O.S.No.104 of 2024 and we are not inclined to entertain this Writ Petition. Accordingly, this Writ Petition is dismissed. No costs.

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[J.N.B., J.] & [S.S.Y., J.] 21.03.2025

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NCC : Yes / No Index : Yes / No

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Yuva

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