V.P.Chinnasamy v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.06.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA , CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU and CMP No.12855 of 2021 V.P.Chinnasamy ... Appellant -vs1. The Revenue Divisional Officer, Tiruppur, Tiruppur District.

2. K.C.Muthukumar ... Respondents Prayer: Writ appeal filed under Clause 15 of the Letters Patent to set aside the order dated 26.03.2021 passed in W.P.No.7844 of 2021 on the file of this Court.

For the Appellant :: Mr.N.Nithianandam for Mr.K.Govi Ganesan For the Respondents :: Mr.U.Baaranidharan Addl. Govt. Pleader for R-1 :: Mr.N.Damodaran for R-2 * * * * *

JUDGMENT

(Made by the Hon'ble Chief Justice) We have heard Mr.N.Nithianandam, learned counsel for the appellant, Mr.U.Baranidharan, learned Additional Government Pleader for the first respondent and Mr.N.Damodaran, learned counsel for the second respondent.

2. The appellant assails the order passed by the learned Single Judge wherein the Court observed that merely because a civil suit is pending or the disputed questions of title are likely to be settled by the civil Court, there cannot be any order of prohibition by this Court restraining the revenue officials from performing their statutory provision.

3. It is submitted that the civil suit is already pending and the same is at the stage of trial. In light of that, the revenue proceedings may be proceeded further depending upon the judgment to be delivered by the civil Court in O.S.No.201 of 2020 on the file of District Munsif Court, Uthukuli.

With the aforesaid observation, the writ appeal is disposed of. There will be no order as to costs. Consequently, connected miscellaneous petition is closed.

(S.V.G., CJ.) (P.D.A., J.) 12.06.2023 Index : Yes/No : Yes/No sra To The Revenue Divisional Officer, Tiruppur, Tiruppur District.

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(sra) 12.06.2023