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Madras High CourtWP/12611/2017disposed of

J.M.H.Imran Khan, v. The Tahsildar Cum Executive

2023-03-27Honourable Mr Justice S.M. Subramaniam5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.03.2023

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM and W.M.P.Nos.13418 & 13419 of 2017 J.M.H.Imran Khan

...Petitioner

-Vs1.The Tahsildar cum Executive Magistrate, Mylapore Taluk, Chennai - 600028.

2.Mr.G.R.Apparaj 3.Mr.D.Y.S.Mohammed Salihah 4.Mr.N.R.R.Rajasekar 5.Mr.K.A.M.Ali 6.Mr.M.S.M.Shanmugam 7.Mr.M.C.Sekar 8.Mr.N.S.K.Baskar 9.MR.M.C.R.M.C.Ravi 10.Mr.K.S.N.Baskar 11.Mr.P.S.F.Kalaimani 1/5

12.Mr.M.C.B.M.C.Baskar 13.Mr.A.I.A.Jalal 14.Mr.L.S.R.Sekar 15.Mr.K.M.E.Gani 16.Mr.A.G.S.Anbarasan 17.Mr.K.S.M.Harikrishnan 18.Mr.M.K.S.Jayachandran 19.Mr.P.P.N.Ramdoss 20.Mr.B.K.G.Ganapathi

...Respondents

Prayer:- Writ petition filed under Article 226 of the Constitution of India to to call for the records on the file of the first respondent in connection with the order passed by him in his proceedings in Na.Ka.No.A2/3515/2017 dated 06.05.2017 and quash the same. For Petitioner : Mr.K.T.S.Sivakumar for Mr.Singaravelan (SC).

For Respondent : Mr.Abishek Murhty Government Advocate [R.1] : No appearance [R.2 to R.20] 2/5

O R D E R

The order passed by the Tahsildar under Section 145 of the Criminal Procedure Code is under challenge in the present writ petition.

2. Pursuant to the interim order granted in the present writ petition, the petitioner is in possession of the subject property. It is brought to the notice of this Court that the respondents have already instituted Civil Suits in C.S.No.374 of 2017 and C.S.No.640 of 2018 which are sub-judiced.

3. That being the factum, no further adjudication needs to be undertaken in respect of the grounds raised in the present writ petition. The parties are at liberty to pursue their remedy in the Civil Suits pending before the competent authority.

4. Accordingly, the writ petition stands disposed of. No costs. Consequently, the connected miscellaneous petitions are closed. (shr) 27.03.2023 Index : Yes/No Speaking / Non Speaking Order 3/5

To The Tahsildar cum Executive Magistrate, Mylapore Taluk, Chennai - 600028.

4/5

S.M.SUBRAMANIAM . J., (shr) and W.M.P.Nos.13418 & 13419 of 2017 27.03.2023 5/5