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N.a.S.Ansari v. State of Tamil Nadu

Madras HC9 Mar 2026WP/24948/2021

Case brief

AI extract

What is this about?

Madras High Court writ petition (WP 24948/2021; connected WMP 26266/2021) closed on 09-03-2026 by S.M. Subramaniam J. with K. Surender J. Negative/prohibitory relief sought against District Collector, Divisional Engineer (Highways), Assistant Divisional Engineer (Highways) and Inspector of Police, Cuddalore/Chidambaram, to permit construction on petitioner's property held NOT MAINTAINABLE; execution of civil decree (O.S. No. 34 of 1993, Sub-Court, Chidambaram; upheld in A.S. No. 1281/1995, judgment dated 27.11.2009) cannot be had via writ proceedings under Article 226, Constitution of India; petitioner deceased, legal heirs free to pursue remedies in manner known to law; petition and miscellaneous petition closed, no costs.

What did the court decide?

The negative (prohibitory) relief sought for in the writ petition is not maintainable.

N.a.S.Ansari Vs State of Tamil Nadu — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

Disposed

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Issue for consideration

Whether the writ petition seeking prohibitory/negative relief against the respondents (directing them not to prevent construction on the petitioner's property), which in substance seeks execution of the decree in O.S. No. 34 of 1993 (Sub-Court, Chidambaram), is maintainable in writ proceedings under Article 226 of the Constitution of India.

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Court's answer

The negative (prohibitory) relief sought for in the writ petition is not maintainable.

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Ratio / Principle

Execution of the judgment and decree passed in O.S. No. 34 of 1993 on the file of the Sub-Court, Chidambaram cannot be obtained through writ proceedings under Article 226 of the Constitution of India.

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Key takeaways

Learned counsel submitted that the petitioner has passed away; the Court observed that, if so, the legal heirs of the petitioner are at liberty to initiate appropriate action to redress their grievances, if any exists, in the manner known to law.obiter¶26

Detailed headnote1 paragraphs

Madras High Court, W.P. No. 24948 of 2021 and W.M.P. No. 26266 of 2021 (N.A.S.Ansari v. State of Tamil Nadu and others), order dated 09-03-2026 made by S.M. Subramaniam J. with K. Surender J. The petitioner sought prohibitory relief directing the State authorities not to prevent construction on his property, claiming lawful ownership in pursuance of the judgment dated 28.04.1995 in O.S. No. 34/1993 (Sub-Court, Chidambaram), upheld by this Court's judgment dated 27.11.2009 in A.S. No. 1281/1995. The Court held that the negative relief sought was not maintainable, and that execution of the judgment and decree in O.S. No. 34 of 1993 cannot be obtained through writ proceedings under Article 226 of the Constitution of India. Learning that the petitioner had passed away, the Court observed that his legal heirs are at liberty to initiate appropriate action in the manner known to law. With these observations, the Writ Petition and the connected Miscellaneous Petition were closed; no costs.

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WP No. 24948 of 2021

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7IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 09-03-2026

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CORAM

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THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K.SURENDER

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W.P.No.24948 of 2021 AND W.M.P.NO.26266 OF 2021

N.A.S.Ansari

..Petitioner(s)

State of Tamil Nadu Rep by the District Collector, Office of the Collectorate, Cuddalore District- 607 001.

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The Divisional Engineer - Highways Beach Road, Cuddalore district, Cuddalore.

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The Assistant Divisional EngineerHighways Construction and Maintenance, chidambaram- 608 001.

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The Inspector of Police F1, Chidambaram town Police Station, Cuddalore District.

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..Respondent(s)

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Prayer: Direction in the nature of writ by way of a prohibitory relief against the respondents directing them not to prevent the Petitioner from putting up the construction in his Property as he is the lawful owner of the same in pursuance to the judgement dated 28.04.1995 and made in O.S. No. 34/ 1993 on the file of sub- Court, Chidambaram which was upheld by the judgment of this Honble High Court dated 27.11.2009 and made in A.S. No. 1281/ 1995.

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Page1 of 4

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

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WP No. 24948 of 2021

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For Petitioner: Mr.Thiyagarajan For Mr.B.Nedunchezhiyan For Respondents: Mr.T.Arunkumar, AGP *****

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O R D E R

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(Order of the Court was made by S.M.Subramaniam J.)

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The relief sought for in the present Writ Petition is to grant a prohibitory relief against the respondents, directing them not to prevent the Petitioner from putting up the construction in his property.

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The negative relief sought for in this petition is not maintainable.

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The petitioner seeks execution of judgment and decree passed in O.S.No.34 of 1993 on the file of Sub-Court, Chidambaram, which cannot

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be obtained through a writ proceedings under Article 226 of the Constitution of India.

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At this juncture, learned counsel for the petitioner would submit that the petitioner has passed away. If so, legalheirs of the petitioner are at liberty to initiate appropriate action to redress their grievances, if any exists, in the manner known to law.

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Page2 of 4

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

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WP No. 24948 of 2021

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