'Relitigation on same issue tantamount to abusing court'

Justice C V Karthikeyan, on holding that the court cannot entertain writ petitions with the same subject matter of the suit, said, “I find that it is a clear case of readjudicating the same issue before two separate forums. This practice of readjudication has been very seriously commented upon by the Supreme Court, wherein strong views had been expressed on the point of abuse of process of court through relitigations.”

The petitioners, V Surya alias Udayasuriyan and K Rani had sought for an injunction restraining the TNHB from interfering with the peaceful possession of the suit schedule property. But during the hearing it was clarified that the same premises is the subject matter of the suit as well as the writ petitions.

Justice Karthikeyan, while dismissing the plea, also cited a Supreme Court order, which held, “It is an abuse of the process of the court and contrary to justice and public policy for a party to relitigate the same issue, which has already been tried and decided earlier against him. The re-agitation may or may not be barred as res judicata (a matter that has been adjudicated by a competent court and therefore may not be pursued further by the same parties). But if the same issue is sought to be reagitated, it also amounts to an abuse of the process of the court.”