Madras High CourtWP/31732/2017disposed of

O.G. Radhakrishnan v. The District Collector

2017-12-07Honourable Mr Justice K. Ravichandrabaabu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.12.2017

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU Writ Petition No.31732 of 2017 and W.M.P.No.34878 of 2017 O.G.Radhakrishnan .. Petitioner Vs.

1. The District Collector, Coimbatore District, Coimbatore.

2. The District Revenue Officer, Coimbatore, Coimbatore District.

3. The Revenue Divisional Officer, Coimbatore, Coimbatore District.

4. The Tahsildhar, Coimbatore (North) Coimbatore.

5. The Executive Officer, Asokapuram Village Panchayat, Coimbatore - 641 022.

.. Respondents PRAYER: Writ petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus forbearing the respondents from interfering with right and possession of the properties belong to the petitioner comprised in S.F.No.230/6A, 231/1A and 232/1A Kurudampalayam Village, Coimbatore Taluk covered by Patta No.2207, except by due process of law.

For Petitioner: Mr.G.Sankaran For Respondents: Mr.P.V.Selvakumar, Additional Government Pleader for R1 to R4.

Mr.R.Govindasamy, Special Government Pleader for R5.

O R D E R

Mr.P.V.Selvakumar, learned Additional Government Pleader takes notice for the 1st to 4th respondents and Mr.R.Govindasamy, learned Special Government Pleader takes notice for the 5th respondents. By consent of the parties, the main writ petition is taken up for final disposal.

2. The petitioner seeks for a Mandamus forbearing the respondents from interfering with the rights and possession of the properties belonging to the petitioner comprised in S.F.No.230/6A, 231/1A and 232/1A Kurudampalayam Village, Coimbatore Taluk covered by Patta No.2207, except by due process of law.

3. Heard Mr.G.Sankaran, learned counsel appearing for the petitioner, Mr.P.V.Selvakumar, learned Additional Government Pleader for the 1st to 4th respondents, Mr.R.Govindasamy, learned Special Government Pleader for the 5th respondents and perused the material placed before this Court.

4. Admittedly, in respect of the very same subject matter property, two suits are filed by the very same petitioner, one in O.S.No.2223/2013 on the file of the District Munsif Court, Coimbatore and another in O.S.No.1259/2013 on the file of the Sub-Court, Coimbatore. In the earlier suit, three private parties are defendants, whereas in the latter suit, the present official respondents are arrayed as the defendants therein, apart from those three private individuals. It is also an admitted fact that both the suits are filed seeking for declaration and permanent injunction. When such being the factual position, I do not think that the petitioner is entitled to maintain the present writ petition seeking for the above relief which in effect is nothing but seeking an interim injunction and permanent injunction in respect of the very same property, especially, when the Civil Suits are already filed by

the very same petitioner and the same are pending before the concerned Courts. Therefore, I find that the present writ petition is not maintainable. Accordingly, the Writ Petition is disposed of without expressing any view on the merits and contentions raised by the petitioner as it is for the petitioner to work out the remedy before the Competent Court where the suits are pending. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar vsi To