Mr.S.Balan v. The Revenue Divisional Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.03.2023
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH and W.M.P.Nos.8578 & 8579 of 2023 S.Balan
...Petitioner in W.P.No.8393/2023
K.Ponnusamy
...Petitioner in W.P.No.8395/2023
Vs 1.The Revenue Divisional Officer, Perambalur District.
2.The Tahsildar, Ayilur Village, Perambalur Taluk and District.
3.The Village Administrative Officer, Ayilur Village, Perambalur District.
4.Kalyanasundaram
...Respondents in both WPs
PRAYER in W.P.No.8393 of 2023: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, forbearing the respondents 2 and 3 from issuing revenue documents, such as possession 1/4
certificate, Adangal, etc. in respect of S.Nos.230/3, 230/6, 231/1C1, 231/1C2, 231/C3, Ayilur Village, Perambalur Taluk and District in favour of the 4th respondent, during the pendency of the civil proceedings. PRAYER in W.P.No.8395 of 2023: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, forbearing the respondents 2 and 3 from issuing revenue documents, such as possession certificate, Adangal, etc. in respect of S.Nos.230/2A1, 230/2A2, 230/2A3, 231/1A, Ayilur Village, Perambalur Taluk and District in favour of the 4th respondent, during the pendency of the civil proceedings.
(in both WPs) For Petitioners : M/s.PV Law Associates For R1 to R3 : Mr.R.P.Murugan Raja, Government Advocate For R4 : Mr.Santhanamari COMMON ORDER With the consent of both the parties, both these Writ Petitions are taken up for final disposal at the admission stage itself.
2. The limited prayer sought for in the present Writ Petitions is for a direction to the official respondents to refrain from issuing revenue 2/4
documents to the fourth respondent herein, in respect of the subject properties in respect of S.Nos.230/3, 230/6, 231/1C1, 231/1C2, 231/C3, Ayilur Village, Perambalur Taluk and District and S.Nos.230/2A1, 230/2A2, 230/2A3, 231/1A, Ayilur Village, Perambalur Taluk and District
3. Admittedly, the petitioners herein had preferred suits in O.S.No.9 of 2014 and O.S.No.505 of 2013 before the District Magistrate Court, Perambalur, seeking for the relief of declaration and consequential injunction.
4. When the Civil Suits are pending with regard to the title dispute, it would not be appropriate for this Court to entertain the present prayer sought for in the present Writ Petitions. If at all the petitioners are of the view that such documents should not be furnished to the fourth respondent, the appropriate forum to approach would be the jurisdictional Civil Court and this Court would not parallely adjudicate on the rights of the parties to claim such documents. 3/4
M.S.RAMESH,J.
hvk
5. With the above liberty, both the Writ Petitions stand closed. No costs. Consequently, connected miscellaneous petitions are closed. 30.03.2023 Index:Yes/No Speaking order/Non-speaking order hvk To 1.The Revenue Divisional Officer, Perambalur District.
2.The Tahsildar, Ayilur Village, Perambalur Taluk and District.
3.The Village Administrative Officer, Ayilur Village, Perambalur District.
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