R MUTHUKOORI Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) THE petitioner is a resident of Aavarenthal Village in Paramakudi taluk, Ramanathapuram District. It is his main grievance that the 4th respondent has made encroachments to an extent of 1. 35. 0 Hectares of Kanmoi poramboke in Survey No. 70/6, which is a part of Aavarenthal Kanmoi, on the strength of "b" memo issued by the Revenue Department. It is further stated that various lands belonging to the villagers are getting water for irrigation from the said Aavarenthal Kanmoi and if the 4th respondent is allowed to continue to encroach a major portion of the Kanmoi area, the water storage will get diminished and the lands would not get sufficient water from the Kanmoi and thereby the villagers will get prejudiced.

(2.) EVEN according to the petitioner, the 4th respondent has laid a suit in O. S. No. 147/2005 on the file of the District Munsif Courts, Paramakudi, in which the some of the villagers and the respondents 1 to 3 herein were also defendants. The suit was for the relief of permanent injunction restraining the defendants from disturbing the peaceful possession and enjoyment of the 4th respondent in the suit property, namely 3. 30 Acres of land in the above said Survey No. 70/6 in aavarenthal Village. After full trial, the suit was decreed on 18. 09. 2007 as prayed for granting the relief of permanent injunction in favour of the 4th respondent.

(3.) WHEN a civil court decree has been validly passed, which is in force, it cannot be varied or made as a nullity by this Court in a public interest litigation filed under Article 226 of the Constitution of India. The civil court is finally adjudicating the rights of the parties to the suit. The standard of proof required therein is also entirely different. Therefore, the petitioner is not entitled to any relief in this petition.