Sivakumar v. The Sub Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 07.02.2024

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH and WMP No.2845 of 2024 Sivakumar .... Petitioner Vs 1.The Sub Collector, Mettur, Salem District.

2. The Tahsildar, Kadaiyampatti Taluk, Salem District.

3. The Block Development Officer, Block Development Office, Kadaiyampatti Taluk, Salem District.

4. The Sub Registrar Omalur, Salem District.

5. The Assistant Executive Engineer (Operation and Maintenance), TANGEDCO, Kadaiyampatti, Salem District.

Pg.No.1

6. Raja .... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus forbearing the 5th respondent from dealing with the properties in any manner in respect of the lands comprised in S.Nos.10, 11/2, 12/2, 12/3, 12/4, 11/1B, 1 and 12/5 situated in Amanikookuttapatti Village, Kadaiyampatti Taluk, Salem District to effect service connection based on the petitioner's representation 30.09.2023. For Petitioner : Mr.J.Shahul Hameed for Mr.N.Anand For Respondents : Mr.John J. Raja Singh Additional Government Pleader - R1 & R2 Mr.V.Nanmaran Special Government Pleader - R3 Mr.C.Selvaraj Additional Government Pleader - R4 Mr.I. Syed Sibghatulla Standing Counsel - R6

O R D E R

Mr.J.Shahul Hameed, learned counsel appearing for Mr.N.Anand, learned counsel on record for the petitioner would fairly point out that a Suit is pending as against the 6th respondent in O.S.No.217 of 2018 on the file of Pg.No.2

District Munsif Court, Omalur, Salem. An application has also been filed in the said Suit seeking interim relief.

2. The petitioner states that he is constrained to approach this Court seeking mandamus for the reason that the application is kept pending since 2018, on account of the inordinate delay.

3. In view of the fact that the Civil Court is seized of the same prayer as in the representation before the authorities and the prayer before me, it would be more appropriate to direct the District Munsif Court, Omalur, Salem to dispose the interim appliction within a period of twelve (12) weeks from date of receipt of a copy of this order.

4. A copy of this order may be produced by the petitioner before the District Munsif for necessary action.

5. This Writ Petition and the connected Miscellaneous Petition is closed with liberty as aforesaid. No costs.

07.02.2024 Index : Yes / No Speaking order/Non-speaking order sl Pg.No.3

Dr.ANITA SUMANTH,J.

sl To 1.The Sub Collector, Mettur, Salem District.

2. The Tahsildar, Kadaiyampatti Taluk, Salem District.

3. The Block Development Officer, Block Development Office, Kadaiyampatti Taluk, Salem District.

4. The Sub Registrar Omalur, Salem District.

5. The Assistant Executive Engineer (Operation and Maintenance), TANGEDCO, Kadaiyampatti, Salem District.

and WMP No.2845 of 2024 07.02.2024 Pg.No.4