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Madras High CourtWP/2553/2024dismissed

Pullar v. Tahsildar

2024-03-06Honourable Mr Justice P. Velmurugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.03.2024 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN W.P. No.2553 of 2024 Pullar ... Petitioner Vs.

1. Tahsildar Kadayampatti Tahsildar Office Kadayampatti Taluk, Salem District

2. Sub Collector Mettur Mettur, Tamil Nadu- 636 401 ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the 1st respondent to consider and pass orders on the representation dated 11.08.2023. For Petitioner : Mr.M.Hariharan For Respondents : Mr.T.Arun Kumar Additional Government Pleader

ORDER

This Writ Petition is filed seeking to issue Writ of Mandamus directing the 1st respondent to consider and pass orders on the representation dated 11.08.2023.

2. In the said representation, the petitioner has sought for 1/4

implementation of the proceedings of the second respondent, dated 07.08.2018 in Na.Ka.No.278/18-C regarding allotment of pathway in question in respect of the land allotted to one Sakunthala.

3. The respondents have filed counter affidavit in which it is stated that already there is a Civil Suit pending between the petitioner and one Sakunthala. The said Sakunthala has filed the suit in O.S.No.204/2018, seeking permanent injunction restraining the writ petitioner and the respondents from interfering with her peaceful possession. However, suppressing the same, he has approached the respondents.

4. Since already the said civil suit is pending between the parties in respect of the property in question, the petitioner is not entitled to the relief sought for in this writ petition.

5. Accordingly, this Writ Petition is dismissed. No cost.

6. However, the petitioner is at liberty to work out his remedy in the manner known to law before the Civil Court in the pending suit. 06.03.2024 ksa-2 Index : Yes / No 2/4

To

1. Tahsildar Kadayampatti Tahsildar Office Kadayampatti Taluk, Salem District

2. Sub Collector Mettur Mettur, Tamil Nadu- 636 401 3/4

P.VELMURUGAN. J.

Ksa-2 W.P.2553 of 2024 06.03.2024 4/4