Madras High Court
WP(MD)/34942/2025 of Vetrichelvan Vs The District Collector on 7 October 2026
WP(MD) No. 34942 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 07-10-2026
CORAM
THE HON'BLE MR JUSTICE G.R.SWAMINATHAN
AND
THE HON'BLE MRS.JUSTICE M.D.SUMATHI
WP(MD) No. 34942 of 2025
CNR:{HCMD011818052025}
Vetrichelvan
S/o.Dakshinamoorthy,
No.4, Kasankulam First Lane, Pattukkottai, Thanjavur District 614 601
..Petitioner(s)
Vs
1. The District Collector
Thanjavur District.
2. The Revenue Divisional Officer,
Pattukkottai,
Thanjavur District.
3. The Tahsildar,
Pattukkottai,
Thanjavur District.
4. The Inspector of Police,
Town Police Station,
Pattukkottai,
Thanjavur District.
5. Samarasam,
S/o.Chidambaram, NO.11, Muthal Street,
Victoria Colony,
Medical College Salai,
Thanjavur.
..Respondent(s)
PRAYER: Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Mandamus directing the respondents 1 to 4
WP(MD) No. 34942 of 2025
to remove the encroachment made by the 5th respondent upon the pathway laying and starting from in T.S No.22 to T.S No.23 and end with T.S No.103, situated at Ward-B, Block-25, Arisikara Street, Pattukkottai town, Thanjavur District, by considering the petitioner's representation dated 29.10.2025 and within time stipulated by this Court.
For Petitioner(s):
Mr.K.Mahendran
For Respondent(s):
Mr.M.S.Parthiban
Government Advocate (Civil Side)
for R1 to R4
: Mr.R.L.Dhilipan Pandian
for R5
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ORDER
(Order of the Court was made by G.R.Swaminathan J.) Heard both sides.
2. The grievance projected by the writ petitioner appears to be quite reasonable. We are unable to grant relief to the petitioner for simple reason that he had already lost before the civil Court. Copy of the common judgment dated 17.07.2026 made in S.A.(MD)Nos.390 & 391 of 2018 have been produced before us. It is seen therefrom that the writ petitioner had lost before the civil Court and the said order was also duly confirmed by the High Court in the said second appeals. The petitioner Vetrichelvan and his wife Meena are the appellants in the said second appeals. The cause of action underlying the writ petition as well as the civil suits are one and the same. Having lost before the
WP(MD) No. 34942 of 2025 civil Court for whatever reason, the writ petitioner cannot change horses in the midstream and come before this Court. It is open to the petitioner to work out his rights in the manner known to law.
3. The Writ Petition is dismissed. No costs. (G.R.S.,J.) (M.D.S.,J.) 07-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No rmi To
1. The District Collector Thanjavur District.
2. The Revenue Divisional Officer, Pattukkottai, Thanjavur District.
3. The Tahsildar, Pattukkottai, Thanjavur District.
4. The Inspector of Police, Town Police Station, Pattukkottai, Thanjavur District.
WP(MD) No. 34942 of 2025 G.R.SWAMINATHAN, J. AND M.D.SUMATHI, J. rmi WP(MD) No. 34942 of 2025 07-10-2026