STATE OF TAMIL NADU Vs. S SAMU NARAYANAN

JUDGEMENT

(1.) THE above writ appeal is directed against the order of the learned single Judge dated 15. 11. 1995 made in W. P. No. 9713 of 1985.

(2.) THE respondents herein-writ petitioners have filed the said writ petition seeking to issue a Writ of Mandamus directing respondents 1 to 3 therein to forbear from taking over the village irrigation tank at Emappur village and vesting the same with the fourth respondent therein, the The Special Assistant Director, (Fisheries), Villupuram, pursuant to the order of the second respondent therein-The District Collector, South Arcot District, dated 24. 06. 1985. The learned single Judge, without adverting to the factual details based on which the writ petitioners sought for issuance of Writ of Mandamus merely referring the earlier decision of this Court rendered in W. P. No. 5203 of 1995 dated 26. 09. 1995, has allowed the said writ petition. Questioning the same, the Government and other officers have filed the present writ appeal.

(3.) THE learned Government Advocate has brought to our notice that in W. P. No. 5203 of 1995 dated 26. 09. 1995, the Honourable Judge (Shivaraj Patil,j.), after adverting to the case of the petitioners therein and the stand taken by the respondents-officials and after finding that the claim of the writ petitioner is unfounded and not substantiated, has dismissed the writ petition being devoid of any merit. When such is the position, it is not clear how the learned single Judge has allowed the writ petition following the said order.