Mr.S.Jaikumar v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.04.2025
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and W.M.P.No.12301 of 2025 S.Jaikumar S/o.T.Sachidanandam, No.8 K.S.J.Mahal, Senthil Nagar, Neelangarai Main Road, Perungudi, Kancheepuram, Pin 600 096.
Petitioner Vs
1. The District Collector, District Collectorate, Tiruvallur.
2.The District Revenue Officer, District Collectorate, Tiruvallur.
3.The Revenue Divisional Officer RDO Office, J.N.Road, Tiruvallur.
4.The Thasildar Taluk Office, Avadi.
5.Mrs.Kalyani Ravi W/o.M.Ravi, No.13 A2 Ashok Ishwaryam, Habibulla Road, T.Nagar, Chennai 600017.
6.Mr.Ravi S/o.Mahadevan, No.13 A2 Ashok Ishwaryam, Habibulla Road, T.Nagar, Chennai 600017.
Respondents 1/4
Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Certiorarified Mandamus calling for the records relating to impugned order dated 11.09.2024 passed in Na.Ka.No.22076/ 2024/N1 by the second respondent in respect of the property to an extent of 10.75 cents comprised in Patta No.2861, Old Survey No.64/1B1 and 64/1B2 and new Survey No.64/1B1B at Karunakaracheri Village at Avadi Taluk and Thiruvallur District and quash the same and forbear the respondents or anybody on their behalf from initiating any coercive action of mutation of revenue records. For Petitioner : Mr.V.Manohar for Mr.G.Sivakumar For Respondents : Mr.P.Sathish Additional Government Pleader [R1 to R4] *****
O R D E R
This writ petition has been filed challenging the impugned proceedings of the second respondent dated 11.09.2024 and for a consequential direction to forbear the respondents from in anyway initiating coercive action by mutating the revenue records and interfering with the enjoyment and possession of the property.
2. Heard Mr.V.Manohar, learned counsel for petitioner and Mr.P.Sathish, learned Additional Government Pleader appearing for respondents 1 to 4.
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3. On carefully considering the submissions made on either side and the materials placed before this Court, it is seen that the petitioner has already filed a suit in O.S.No.467 of 2024 before the Principal District Judge, Tiruvallur, seeking for the relief of declaration of title and for permanent injunction and the said suit is pending. In view of the same, the grounds that have been raised in the present writ petition can be raised in the suit pending before the competent civil Court. It is made clear that the impugned order dated 11.09.2024 passed by the second respondent will not have any bearing and the civil Court will deal with the issues independently without being influenced by the findings made by the revenue authorities.
4. Learned counsel for petitioner submitted that an attempt is now being made to interfere with the possession and enjoyment of the property. If that is the case, it is always left open to the petitioner to move an interim application in the pending suit and seek for interim relief. Except giving this clarity, no further orders can be passed in the present writ petition.
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N.ANAND VENKATESH, J gm This writ petition is disposed of in the above terms. No costs. Consequently, connected miscellaneous petition is closed. 03.04.2025 Index: Yes/no Speaking Order/Non-Speaking Order gm To
1. The District Collector, District Collectorate, Tiruvallur.
2.The District Revenue Officer, District Collectorate, Tiruvallur.
3.The Revenue Divisional Officer RDO Office, J.N.Road, Tiruvallur.
4.The Thasildar Taluk Office, Avadi.
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