Madras High Court
WP(MD)/26466/2025 of Veeravijayan A Vs The District Collector on 6 October 2026
WP(MD) No. 26466 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 06-10-2026
CORAM
THE HON'BLE MR JUSTICE G.R.SWAMINATHAN
AND
THE HON'BLE MRS.JUSTICE M.D.SUMATHI
WP(MD) No. 26466 of 2025
CNR:{HCMD011260422025}
Veeravijayan A
S/o. Angusamy,
29, Thaiyalkara Street,
Velipattinam Post,
Ramanathapuram District.
..Petitioner(s)
Vs
1. The District Collector
District Collectorate Office,
Ramanathapuram District.
2. The Assistant Director of Panchayat
District Collectorate Office,
Ramanathapuram District.
3. The Revenue Divisional Officer
Ramanathapuram,
Ramanathapuram District.
4. The Thasildar
Ramanathapuram Taluk,
Ramanathapuram.
5. The Panchayat President
Peravoor Panchayat,
Ramanathapuram District.
..Respondent(s)
Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to remove the fencing
WP(MD) No. 26466 of 2025
and board put up in front of the petitioner’s place in Survey No.102/2B2C1 in New Patta No.15738 measuring 10.82 cents situated at Kattoorani Village, Ramanathapuram District and to make arrangements to facilitate to reach home based on his representation dated 02.09.2025.
For Petitioner(s):
Mr.K.Sathish Kumar,
for M/s. Subash Law Office
For Respondent(s):
Mr.M.S.Parthiban,
Government Advocate.
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ORDER
(Order of the Court was made by G.R.Swaminathan J.) The learned Government Advocate points out that the present writ petition is hit by the doctrine of res judicata. He pointed out that the petitioner herein had earlier filed W.P.(MD)No.27298 of 2023 and sought two reliefs; a) to dismantle the fencing and b) to restrain the members of the general public from using the place as a burial ground. The writ petitions were disposed of by the Hon’ble Division Bench on 09.07.2024. The direction for shifting the burial ground was granted. However, no direction was given with regard to removing the fencing. Therefore, Explanation 5 of Section 11 CPC will kick in. What was not granted even though prayed for is deemed to have been rejected. Hence, the present writ petition seeking the relief of removing the fencing cannot be entertained.
WP(MD) No. 26466 of 2025
2. We, therefore, dispose of the writ petition by granting liberty to the petitioner to file an application for review or clarification in WP(MD)Nos.27298 of 2023 and 1126 of 2024. No costs. Consequently, connected miscellaneous petition is closed. (G.R.S.,J.) (M.D.S.,J.) 06-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No PMU To
1. The District Collector District Collectorate Office, Ramanathapuram District.
2. The Assistant Director of Panchayat District Collectorate Office, Ramanathapuram District.
3. The Revenue Divisional Officer Ramanathapuram, Ramanathapuram District.
4. The Thasildar Ramanathapuram Taluk, Ramanathapuram.
5. The Panchayat President Peravoor Panchayat, Ramanathapuram District.
WP(MD) No. 26466 of 2025
G.R.SWAMINATHAN, J. AND M.D.SUMATHI, J. PMU WP(MD) No. 26466 of 2025 06-10-2026