K RAMAKRISHNAN Vs. EXECUTIVE ENGINEER AND ADMINISTRATIVE OFFICER

JUDGEMENT

(1.) Thanthai Periyar Padipagam, aggrieved by the order of the learned single Judge dated 20.08.2001 made in W. P. No.13208 of 1995, has filed the above writ appeal.

(2.) Heard the learned counsel appearing for the appellant as well as the respondents.

(3.) It is seen that the appellant-Padippagam has filed a Civil suit in O. S. No.1303 of 1991 on the file of the District Munsif, Coimbatore, praying for decree of permanent injunction restraining the defendant, their men, officials, agents and the persons claiming through them from evicting the petitioner/appellant from the suit property. Based on the objection raised by the Coimbatore Housing Unit, it is stated that the said suit was dismissed. It is further brought to our notice that after dismissal of the suit, the Executive Engineer and Administrative Officer, Coimbatore Housing Unit, TATABAD, Coimbatore, by his letter dated 15.09.1995, directed the petitioner to vacate and hand over the encroached portion before 5.00 p. m. on 26.09.1995. The said proceeding was challenged by the petitioner in W. P. No.13208 of 1995. The learned single Judge, by referring O. S. No.1303 of 1991 on the file of the District Munsif, Coimbatore, and finding that the relief cannot granted by this Court under Article 226 of the Constitution of India, has dismissed their writ petition, hence the present writ appeal.