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A.Ponnusamy vs /
cites
Article 226 in Constitution of India [Constitution]
Shri Pathikali Amman Kovil vs The Revenue Divisional Officer on 9 January, 2023
22. The Hon'ble Division Bench of this Court in W.P.(MD)No.1269
of 2023 (Shri Pathikali Amman Kovil V. The Revenue Divisional
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W.P.(MD)No.15970 of 2020
Officer and others), held that the principles of estoppel, res judicata and
finality of judgment are matters of public policy and they contribute to the
efficient administration of justice by preventing the wastage of judicial
resources on repetitive litigation, besides parallel litigation and integrity
of the judicial system. Applying the ratio laid down by the Hon'ble
Division Bench to the facts of the case, it is seen that lis in respect of the
very same 7.65 Acres has been subject matter of several proceedings
before competent Courts and matter has attained finality. Even though it
is contended by the learned Senior Counsel, Mr.T.Mohan, appearing for
the petitioner's counsel that the petitioner was not a party to the land
acquisition proceedings, it is seen that in two other civil suits, the
petitioner was very much a party defendant and he has not chosen to
challenge the decrees passed in favour of the third respondent and
allowed and the same to become final. Even otherwise, the petitioner was
provided ample opportunity and therefore cannot now be heard to
complain of any alleged lack of opportunity. As can be seen from the
records, the petitioner has been given a full opportunity to put forth all his
contention and therefore, the petitioner complain of being deprived of an
opportunity to put forth his claims / objections. Though several other
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W.P.(MD)No.15970 of 2020
judgments have been relied on by the learned Senior Counsel for the third
respondent with regard to the effect of the proceedings under the Land
Acquisition Act and binding nature of judgments passed in such
proceedings, in view of the above discussions, I do not deem it necessary
to go into any greater details to discuss the various judgments that had
been relied on by the learned Senior Counsel.
Anathula Sudhakar vs P. Buchi Reddy (Dead) By Lrs & Ors on 25 March, 2008
Unfortunately, I
see no merit in the arguments of the learned Senior Counsel. If at all
there had been no other proceedings between the parties, then probably
some good weightage may be attached to such contentions advanced by
the learned Senior Counsel. However, as can be seen from the various
proceedings before the competent civil Court and also writ petitions, the
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issue regarding title of 7.65 Acres has already been decided by the
competent civil Court and the findings of the Civil Courts that suits for
bare injunction were maintainable and no relief for declaration was even
required, in view of the earlier findings of the Courts, has also become
final. Therefore, I see no necessity for me fall back on the ratio laid down
by the Hon'ble Supreme Court in Anathula Sudhakar's case requiring the
relief for declaration to be filed for certain circumstances.
T.B. Ramchandra Rao vs A.N.S. Ramchandra Rao on 31 January, 1922
(i) T.B.Ramachandra Rao V. A.N.S.Ramachandra Rao reported in
AIR-1922-PC-80
Raj Lakshmi Dasi And Others vs Banamali Sen And Othersbholanath Sen ... on 27 October, 1952
(ii) Raj Lakshmi Dasi & others V. Banamali Sen & others
reported in 1952-2-SCC-219
Govindan Gopalan vs Raman Gopalan on 10 March, 1978
(iii) Govindan Gopalan V. Raman Gopalan reported in 1978-
Sri Sangameswaraswamy Temple, By Its ... vs A.M. Kunhamo (Died) And Ors. on 25 August, 1986
(iv) Sri Sangameswaraswamy Temple V. A.M.Kunhamo & others
reported in 100-LW-41
Sulochana Amma vs Narayanan Nair on 24 September, 1993
(v) Sulochana Amma V. Narayanan Nair reported in 1994-2-
SCC-14
Commissioner Of Endowments & Ors vs Vittal Rao & Ors on 25 November, 2004
(vi) Commissioner of Endowments & others V. Vittal Rao &
others reported in 2005-4-SCC-120