Venkatesan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.12.2024
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE K.RAJASEKAR Venkatesan S/o.Late Mr.Ramasamy ... Petitioner Vs.
1.
The District Collector Office of the Collectorate Perambalur - 621 212.
2.
The Tahsildar Perambalur 621 212.
3.
The Revenue Inspector Perambalur 621 212.
4.
D.Manikandan S/o. Duraisamy ... Respondents Prayer :
Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus to direct the respondents to restore the Page Nos.1/10
original FMB showing the water canal leading through the property comprised in S.No.493/3F, 3E, 3D and 3H belonging to the private respondent and direct the official respondents to restore the original water canal already available on the property and thereby implement the earlier order passed by the Tahsildar dated 05.06.2020 bearing Na.Ka.No.A2/1407/2020.
For Petitioner :
Mr.G.Ilamurugu For Respondents :
Mr.M.S.Arasakumar Government Advocate for R1 to R3
O R D E R
[Order of the Court was made by M.SUNDAR, J.,] Captioned 'Writ Petition' {hereinafter 'WP' for the sake of brevity} has been filed with a mandamus prayer with regard to restoration of original FMB sketch which according to writ petitioner shows a water canal leading through a 'property comprised in S.No.493/3F, 3E, 3D and 3H, Eraiyur Village, Perambalur Taluk and District' {hereinafter 'said property' for the sake of brevity, convenience and clarity}. Said property belongs to R4 Page Nos.2/10
(private respondent).
2. Issue notice to official respondents
3. Mr.M.S.Arasakumar, learned Government Advocate accepts notice for R1 to R3 and learned State Counsel submits that as regards the said property on the very same subject matter, writ petitioner has filed a suit in O.S.No.77 of 2020 on the file of District Munsif Court, Perambalur. It is pointed out by learned State Counsel that there is no mention about the suit in the support affidavit.
4. We therefore, went into the official E-Courts website and ferreted out the details of the suit which are as follows: Page Nos.3/10
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5. To be noted, writ petitioner is the plaintiff and R4 is the defendant in O.S.No.77 of 2020.
6. Writ petitioner having filed the suit, has filed the captioned WP without making any whisper much less about the suit number and details about the pendency of the suit. To be noted, the suit qua the same said property has been filed on 01.07.2020 which is pending even as of today and captioned WP has been filed on 14.10.2024.
7. On this short point, we are not inclined to entertain the captioned WP. Therefore, captioned WP is dismissed but making it clear that the suit will proceed on its own merits and in accordance with law untrammeled by the dismissal of the captioned WP. Considering the fair manner in which submissions have been made by learned counsel for writ petitioner, we refrain from imposing costs.
(M.S.,J.) (K.R.S.,J.) 02.12.2024 Index : Yes / No Speaking order / Non-speaking order mk Page Nos.8/10
To 1.
The District Collector Office of the Collectorate Perambalur - 621 212.
2.
The Tahsildar Perambalur 621 212.
3.
The Revenue Inspector Perambalur 621 212.
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M.SUNDAR, J., and K.RAJASEKAR, J., mk 02.12.2024 Page Nos.10/10