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2014 DIGILAW 2464 (MAD)

S. Malathi v. Municipal Commissioner, Kovilpatti Municipality, Tuticorin

2014-08-07

M.JAICHANDREN, R.MAHADEVAN

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Judgment : R. Mahadevan, J. 1. Heard Mr. J. Alaguram Jothi, the learned counsel appearing on behalf of the petitioner, Mr. M. Govindan, the learned Special Government Pleader appearing on behalf of the first respondent and Mr. A.U. Ramanathan, the learned counsel appearing on behalf of the second respondent. 2. Raising certain allegations with regard to encroachment against the third respondent, the petitioner has filed the present writ petition. Admittedly, a civil suit in O.S.No.32 of 2004 on the file of the Subordinate Judge, Kovilpatti, had already been filed for the same relief and the same is still pending. Since the subject matter involved in this writ petition is of civil in nature and a suit had already been filed and the same is also pending, we find no merit in this Writ Petition. Hence, the Writ Petition is not maintainable and the same is dismissed. No costs. Consequently, connected miscellaneous petition is closed. However, it is open to the petitioner to agitate his grievance by pursuing the civil suit referred above for appropriate relief.