Case Note & Summary
The petitioner, Susi Ganesan @ Ganesan, filed a writ petition under Article 226 of the Constitution of India before the Madurai Bench of the Madras High Court, seeking a Writ of Certiorarified Mandamus to quash the proceedings of the first respondent (Tahsildar, Thirumayam, Pudukottai District) in O.Mu.No.AA/5173/2023 dated 16.08.2023 and to restore the original position in Survey No.199/2, Nedungudi Village, Thirumayam Taluk, Pudukottai District. The impugned order was passed by the Tahsildar informing the petitioner about the pendency of another writ petition, W.P.(MD)No.13063 of 2023, which also sought removal of encroachment. On the date of hearing, the court had already passed final orders in W.P.(MD)No.13063 of 2023, directing the authorities to consider the petitioner's representation for removal of encroachment. Since the orders in the connected matter addressed the same grievance, the court held that no further orders were required in the present petition. Accordingly, the writ petition was closed with no order as to costs.
Headnote
A) Constitutional Law - Writ Jurisdiction - Certiorarified Mandamus - Article 226 of the Constitution of India - The petitioner challenged an order of the Tahsildar dated 16.08.2023 regarding encroachment removal. The court found that the grievance was already addressed in a related writ petition (W.P.(MD)No.13063 of 2023) wherein final orders were passed calling upon authorities to consider the petitioner's representation. Consequently, no further orders were required and the writ petition was closed. (Paras 1-2)
Issue of Consideration
Whether the impugned order dated 16.08.2023 passed by the Tahsildar requires to be quashed and the original position restored in Survey No.199/2, Nedungudi Village, when a related writ petition (W.P.(MD)No.13063 of 2023) has been disposed of addressing the same grievance.
Final Decision
The writ petition is closed as no further orders are required, since the orders in W.P.(MD)No.13063 of 2023 address the petitioner's grievance. No order as to costs.
Law Points
- Writ petition becomes infructuous when grievance is addressed in a related pending petition
- No further orders required when orders in connected matter cover the same issue
Case Details
2025 LawText (MAD) (01) 57
M.S.RAMESH, A.D.MARIA CLETE
Mr.RM.Arun Swaminathan (for petitioner), Mr.J.Ashok (for respondents 1 & 2), Mr.R.Param Jothi for M/s.K.B.Law Associates (for respondent No.3)
1.The Tahsildar, Thirumayam, Pudukottai District. 2.The Village Administrative Officer, Nedungudi Village, Thirumayam Taluk, Pudukottai District. 3.Subramaniyan
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India challenging an order of the Tahsildar regarding encroachment removal.
Remedy Sought
Petitioner sought quashing of the impugned order dated 16.08.2023 and restoration of original position in Survey No.199/2, Nedungudi Village.
Filing Reason
The impugned order was passed informing the petitioner about the pendency of another writ petition (W.P.(MD)No.13063 of 2023) seeking removal of encroachment.
Previous Decisions
The court had passed final orders in W.P.(MD)No.13063 of 2023 on the same day, calling upon authorities to consider the petitioner's representation for removal of encroachment.
Issues
Whether the impugned order requires to be quashed when the grievance is already addressed in a related writ petition.
Submissions/Arguments
Petitioner argued that the impugned order was passed without considering the merits of the encroachment removal. The court noted that the grievance was already addressed in the connected writ petition.
Ratio Decidendi
When a writ petition challenges an order that merely informs about the pendency of a related petition, and the related petition is disposed of with directions addressing the same grievance, the writ petition becomes infructuous and no further orders are required.
Judgment Excerpts
In view of the pendency of W.P.(MD)No.13063 of 2023, the order impugned in the present writ petition dated 16.08.2023, has been passed informing the writ petitioner who had filed the Writ Petition seeking for removal of encroachment about the pendency of the writ petition.
Today, we have passed final orders in W.P.(MD)No.13063 of 2023, calling upon the authorities to consider the petitioner's representation seeking for removal of encroachment. Since the orders therein also addresses the grievance of the petitioner herein, no further orders are required herein.
Procedural History
The petitioner filed W.P.(MD)No.27802 of 2023 challenging the order dated 16.08.2023 of the Tahsildar. The court noted that a related writ petition, W.P.(MD)No.13063 of 2023, was pending and the impugned order was passed informing the petitioner of that pendency. On 28.01.2025, the court disposed of W.P.(MD)No.13063 of 2023 with directions to consider the petitioner's representation. Consequently, the present writ petition was closed.
Acts & Sections
- Constitution of India: Article 226
