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2024 DIGILAW 1416 (MAD)

C. N. Raju, S/o. Late C. S. Neelakandan v. Modakurichi Town Panchayat, Represented by its President Modakurichi

2024-06-26

K.GOVINDARAJAN THILAKAVADI, M.SUNDAR

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ORDER : M. Sundar, J. Captioned 'Writ Petition' {hereinafter 'WP' for the sake of brevity} pertains to 'land situate in R.S.No.150/2 Part, Nanjai Uthukuli Village, Erode Taluk, Erode District' {hereinafter 'said land' for the sake of brevity}. 2. Mr. S. Ganesh, learned counsel of M/s. G. Vijay Anand Associates (Law Firm) for the writ petitioner, who is before us submits that there is encroachment by R5 (Regional Transport Officer, Erode East RTO, Karur Bypass Road, Erode District) in said land as according to writ petitioner, said land is a 30 feet road connecting a layout (said to be approved) and Karur Bypass road. 3. A careful perusal of case file brings to light that writ petitioner has filed an earlier writ petition {W.P.No.29472 of 2023} with the same prayer. To be noted, prayers in W.P.No.29472 of 2023 and captioned WP are as follows : Prayer in W.P.No.29472 of 2023: 'Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the respondent to remove encrochment made by the third respondent and restore and maintain the 30 feet road connecting DCTP Layout DTCP No.998 of 1991 with Karur Bye Pass Road and situated at R.S.No.150/2 Part, Nanjai Uthukuli Village, Erode Taluk, Erode District (Then Periyar District) within the then Modakuriji Panchayat Union now with Erode Corporation, the second respondent for public usage.' Prayer in captioned WP: 'For the reasons stated above, it is prayed that this Hon'ble Court may be pleased to issue a writ, order or direction in the nature of writ of mandamus directing the respondents herein to remove the encroachment made by the 5th respondent and restore and maintain the 30 feet road connecting DCP Layout DTCP No.998 of 1991 with Karur Bypass Road and situated at R.S.No.150/2 Part, Nanjai Uthukuli Village, Erode Taluk, Erode District (Then Periyar District) within the then Modakurichi Panchayat Union now with Erode Corporation for public usage.' 4. Aforementioned earlier writ petition has been disposed of by another Hon'ble Division Bench in and by an order dated 11.10.2023 and a scanned reproduction of the order is as follows : 5. Aforementioned earlier writ petition has been disposed of by another Hon'ble Division Bench in and by an order dated 11.10.2023 and a scanned reproduction of the order is as follows : 5. Learned counsel for writ petitioner submits that pursuant to the aforementioned earlier order (more particularly, paragraph No.5) of another Hon'ble Division Bench dated 11.10.2023, writ petitioner has sent a complaint / representation dated 14.10.2023 though only postal receipt has been placed before us but postal acknowledgment is not before us. When we wanted to know the date of receipt of complaint / representation dated 14.10.2023 by the addressee (to be noted, addressee is The President, Modakkurichi Town Panchayat, Modakkurichi, Erode, Tamil Nadu), learned counsel drew our attention to a communication dated 06.11.2023 bearing reference Na.Ka.No.420/2023 from Executive Officer, Modakurichi Municipality, Erode District to Commissioner, Panchayat Union, Modakurichi and submitted that 06.11.2023 communication says that lone addressee qua 14.10.2023 complaint / representation has received the same on 16.10.2023. 6. Writ petitioner has moved this Court by way of writ petition (captioned WP) with the very same prayer as would be evident from prayers extracted and reproduced supra. Therefore, it is for the writ petitioner to pursue the complaint / representation and if it is the case of writ petitioner that time frame set out in 11.10.2023 earlier order of another Hon'ble Division Bench has not been adhered to, writ petitioner should resort to a suitable recourse in law but we are of the view that another writ petition (captioned WP) with very same prayer is certainly not an appropriate recourse in law. 7. Learned counsel submits that the respondents in earlier writ petition and present captioned WP are different but that hardly matters as the writ petitioner by his own volition has chosen to file earlier writ petition, invite an order from this Court and give quietus to the same. 8. Ergo, the sequitur is, captioned WP does not pass muster in the Admission Board. Consequently, captioned WP is dismissed. As a further consequence, captioned Writ Miscellaneous Petition is also dismissed. We refrain from imposing costs.