K.Thilagaraj v. The District Collector

2025:MHC:1139

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.04.2025 CORAM :

THE HONOURABLE DR.JUSTICE ANITA SUMANTH and THE HONOURABLE MR.JUSTICE C.KUMARAPPAN W.A.No. 1394 of 2025 and C.M.P.No. 10739 of 2025 K.Thilagaraj .. Appellant vs 1.The District Collector, Chengalpattu District, Chengalpattu.

2.The District Revenue Officer, Chengalpattu, Chengalpattu District.

3.The Revenue Divisional Officer, Tambaram, Chengalpattu District.

4.The Sub Registrar, Guduvancherry, Chengalpattu District.

5.Tmt.Devi .. Respondents Prayer : Writ Appeal filed under Clause 15 of Letters Patent against order dated 27.03.2025 made in W.P.No. 20763 of 2024. For Appellant :

Mr.T.D.Vasu for Mr.S.Kaithamalai Kumaran

JUDGMENT

(Delivered by Dr. ANITA SUMANTH.,J) The appellant is the writ petitioner and had sought a writ of 1/4

certiorarified mandamus as against order of the District Revenue Officer, Chengalpattu dated 15.06.2024.

2.

The learned Judge has disposed the writ petition on 27.03.2025 noting that the dispute qua the appellant and the private respondent is pending in O.S.No. 1 of 2024 before the Principal District Judge, Chengalpattu.

3.

In that suit, the official respondents had also been added as defendants and the prayer was for a relief of declaration in respect of settlement deed dated 12.01.2016, power of attorney dated 13.11.2017, sale deed dated 11.01.2019 and settlement deed dated 11.01.2019 as bing null and void. In light of the same, the writ court was of the view that jurisdiction under Article 226 of the Constitution of India cannot be invoked when a suit for similar declaratory relief was pending before the Civil court.

4.

We are of the unambiguous view that the view taken by the writ court is in order and the directions to the parties to approach the civil court and pursue their interest there needs no interference. 5.

Parties are at liberty to pursue the matter before the Civil Court, including the prayer for interim relief. This writ appeal is dismissed with liberty as aforesaid. No costs. Connected miscellaneous petition is closed.

[A.S.M., J] [C.K., J] 29.04.2025 Index:Yes/No ssm 2/4

To 1.The District Collector, Chengalpattu District, Chengalpattu.

2.The District Revenue Officer, Chengalpattu, Chengalpattu District.

3.The Revenue Divisional Officer, Tambaram, Chengalpattu District.

4.The Sub Registrar, Guduvancherry, Chengalpattu District.

3/4

DR. ANITA SUMANTH.,J.

and C.KUMARAPPAN.,J.

ssm 29.04.2025 4/4