Rayagiri Special Village Panchayat vs The State of Tamil Nadu and Others

Vinod K. Sharma, J.—The Petitioner seeks a Writ in the nature of Certiorari, to quash the order of the District Collector, Tirunelveli District dated 28.02.2005, directing the Petitioner to hand over five tanks to the Ullar Thalavaipuram village panchayat.

Rayagiri Town Panchayat was bifurcated into two panchayats viz., Rayagiri Town Panchayat and Ullar Thalavaipuram Village Panchayat. This bifurcation was carried out by the District Collector in exercise of power u/s 4 of the Tamil Nadu Panchayat Act. The Panchayat union was delegated the powers to maintain the tanks u/s 133 of the Panchayat Act.

The District Collector passed the impugned order, directing Rayagiri Special Panchayat, to hand over five tanks to the Ullar Thalavaipuram village panchayat, merely for the reason that the five tanks fall within the area of Ullar Thalavaipuram village panchayat.

It is not in dispute, that the lessees of the fishing right, have filed a suit for declaration and permanent injunction, restraining the Defendant as well as the respective panchayat union from interfering in their right of fishing. The suit was dismissed, so also the Appeal. As against the judgment and decree, S.A.(MD) No. 90 of 2005 is pending before this Court and Interim Injunction also ordered in C.M.P.(MD) No. 856 of 2005 in S.A.(MD) No. 90 of 2005.

The fifth Respondent Panchayat also filed a suit, claiming fishery rights. After failing in the civil suit, an appeal has been filed, which was ordered to be dismissed, as time barred. Being aggrieved by the dismissal of the application for condonation of delay, the fifth Respondent herein, filed C.R.P.(MD) No. 2721 of 2010, which is pending before this Court.

Thus, the dispute raised in this writ petition is subject matter of Civil Suit / decree pending between the parties. It is well settled law, that the party cannot have parallel proceedings in the Civil Court as well as before this Court under Article 226 of the Constitution of India.

The writ petition is not maintainable, as the same dispute is pending before this Court by way of Second Appeal / Revision, in view of law laid down by the Hon''ble Supreme Court in cases of Secretary, U.P. High School and Intermediate Education, Allahabad and Another Vs. H.K. Lal, and Swetambar Sthanakwasi Jain Samiti and another Vs. The Alleged Committee of Management, Sri R.J.I. College, Agra and others, .

Consequently, this writ petition is dismissed, as not competent, in view of the pendency of the civil litigation / decided civil suit between the parties.

The connected W.P.M.P. No. 1935 of 2005 is closed.

No. costs.