Madras High CourtWP/6389/2012dismissed

Mr.D.Senthilraj v. The Secretary,

2015-10-01Honourable Mr Justice M. Jaichandren3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.10.2015

CORAM:

THE HON'BLE MR.JUSTICE M.JAICHANDREN Writ Petition No.6389 of 2012 D.Senthilraj

...Petitioner

vs.

1. The Secretary, Govt. of Tamilnadu, Revenue Dept., Secretariat, Fort St. George, Chennai-9.

2. The District Collector, Thiruvallur.

3. The District Revenue Officer, Thiruvallur.

4. The Tahsildar, Ambattur, Chennai.

5. The Revenue Inspector, Ambattur Taluk Office, Chennai.

6. S.P.Sadasivam

...Respondents

[R6 impleaded as per order dt.13.2.2013 in MP.2/2012] Prayer: Petition is filed under Article 226 of the Constitution of India praying to issue a writ of mandamus, forbearing the respondents from dispossessing petitioner from the property land and building situate at door no.4/15, East Kamakoti Nagar, 1st Cross Street, Valasaravakkam, Chennai 87, admeasuring 2400 sq.ft. in Thiruvallur District, without following the due process of law. For petitioner :

Mr.M.Vijay Anand for

M/s.Sree Sun Associates For respondents :

Mr.R.Ravichandran, AGP for R1 to R5 Mr.T.Muruganantham for R6

O R D E R

Heard the learned counsels appearing on behalf of the parties concerned.

2. At this stage of the hearing of the Writ Petition, the learned Additional Government Pleader, appearing on behalf of respondents 1 to 5, had submitted that the property in question belongs to the Government of Tamil Nadu. The learned counsel had further submitted that the petitioner had also preferred a Civil Suit, in respect of the property in question, in O.S.No.357 of 2006, on the file of the District Munsif Court, Poonamallee, and the same is pending disposal. He had also submitted that the petitioner had obtained an interim order of injunction in the said Suit.

3. In view of the submissions made by the learned counsels appearing on behalf of the parties concerned and on a perusal of the records available, it is noted that the property in question is said to be belonging to the Government of Tamil Nadu. However, the petitioner had filed a Civil Suit, for a bare injunction, in O.S.No.357 of 2006, on the file of the District Munsif Court, Poonamallee, and the same is pending disposal. It is also noted that the petitioner had obtained an interim order of injunction in the said Suit. In such circumstances, this Court is of the considered view that no further orders are necessary in the Writ Petition. Accordingly, the Writ Petition stands dismissed. However, it goes without saying that it is for the petitioner to pursue his remedies, if any, before the civil forum concerned, in the manner known to law. No costs. M.P.No.1 of 2012 is closed.

Sd/- Assistant Registrar(Records) //True Copy// Sub Assistant Registrar gs.