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Madras High CourtWP/10245/2017disposed of

Arulmigu Seetharama v. The Special Tahsildar

2018-09-17Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.09.2018

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.10245 of 2017 and WMP No.11192 of 2017 Arulmigu Seetharama Anjaneya Swamy Koil rep.by its Executive Officer ..Petitioner Vs.

1.The Special Tahsildar, Urban Settlement, Gudiyatham-632 602.

2.Sampath 3.Balu 4.Gudiyatham Municipality rep.by its Commissioner, Gudiyatham-632 602 Vellore District.

5.The Commissioner, HR&CE Department, Chennai.

6.The Joint Commissioner, HR&CE, Vellore.

(R5 & R6 are impleaded as per the order of this Court dated 04.12.2017) ..Respondents Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the first respondent not to proceed further in the matter pursuant to the petition of the respondents 2 and 3 based on the judgment and decree in O.S.No.114/2016 dated 27.01.2017 on the file of the District Munsif Court.

For Petitioner : Mr.A.U.Ilango For R1 : Mr.V.Jayaprakash Narayanan, SGP For R2 & R3 : Mr.T.Dhanyakumar For R5 & R6 : Mr.M.Maharaja, SGP

ORDER

Heard all the counsels and perused the records. 2.The prayer made in this writ petition seeking a direction to the first respondent not to proceed further, pursuant to the petition filed by the respondents 2 and 3, based on the judgment and decree dated 27.01.2017 passed by the Additional District Munsif Court, Vellore in O.S.No.114 of 2016, is omnibus in nature.

3.However, this Court is inclined to direct the first respondent to consider the petition filed by the respondents 2 and 3, if it is pending and pass appropriate orders, on merits and in accordance with law and also in the light of the aforesaid civil court decree, after affording an opportunity of personal hearing to the petitioner, respondents 2 and 3 as well as any other necessary parties, within a period of six weeks from the date of receipt of a copy of this order. 4.Accordingly, this writ petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar To 1.The Special Tahsildar, Urban Settlement, Gudiyatham-632 602.

2.The Commissioner, HR&CE Department, Chennai.

3.The Joint Commissioner, HR&CE, Vellore.

4. The Commissioner, Gudiyatham Municipality Gudiyatham-632 602 Vellore District.

5. The Addl. District Munsif Court, Vellore.

+1cc to Mr.A.U.Ilango, Advocate S.R.No.64214 +1cc to Mr.T.Dhanyakumar, Advocate S.R.No.64297 +1cc to the Spl.Govt. Pleader (HR &CE), S.R.No.65142 +1cc to the Govt. Pleader, Sr 64599 KR/2/11/18 W.P.No.10245 of 2017