Annammal v. G. Naseem

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.03.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA , CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

1. Annammal

2. Vendavarasi

3. Santhi

4. Anandan

5. Janakiraman

6. Michael Raj

7. Kabali

8. Rajendran

9. Sumathi

10. Shakthivel

11. Lakshimi Alias Lalitha

12. Vendarasi Alias Saraswathi

13. Thilakam

14. Sridhar

15. Amirtham

16. Balaiyya

17. Alamelu

18. Perumal

19. Muthammal

20. Kumaravel

21. Gnanavel

22. Kanthavel

23. Chinnaponnu

24. Paramasivam

25. Kullammal 1/6

26. Yasodha

27. Parvathi

28. Saradha

29. Kanniyammal

30. Vendarasi

31. Chinnaponnu

32. Amaravathi

33. Elumalai

34. Muthammal

35. Pandiyan

36. Rani

37. Arima Alias Annakili

38. Ravi .. Appellants

Versus

1. G.Naseem

2. The District Collector, Office of the District Collector, Kancheepuram District.

3. The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Chengalpet Kancheepuram District.

4. The Tahsildhar, Thiruporur Taluk, Kancheepuram District.

I. Sadayan (Deceased) II. Mythili (Deceased) III. Thulasiammal (Deceased) IV. Mathiyazhakan (Deceased) (Respondents I to IV are not necessary parties) .. Respondents 2/6

Prayer : Writ Appeal under Clause 15 of the Letters Patent to set aside the order, dated 12.06.2023 passed in W.M.P.No.16412 of 2023 in W.P.No.31395 of 2022 on the file of this Court. For Appellants : Mr.D.Baskar For Respondents : Mrs.V.J.Latha, for R1 : Mr.C.Kathiravan, Special Government Pleader, for RR-2 to 4

JUDGMENT

(Judgment of the Court is made by the Hon'ble Chief Justice) Heard Mr.D.Baskar, learned Counsel for the appellants; Mrs.V.J.Latha, learned Counsel for the first respondent and Mr.C.Kathiravan, learned Special Government Pleader for the respondent Nos.2 to 4.

2. The appellants challenge the order passed on 12.06.2023 in W.M.P.No.16412 of 2023 in W.P.No.31395 of 2022. Under the impugned order, interim injunction has been clamped against the appellants.

3. It is not disputed that after the order is passed by the learned Single Judge, the original writ petitioner has filed a Civil Suit and the same is pending. It is submitted that arguments are advanced in an interim application filed in the Civil Suit and the orders are reserved. 3/6

4. Be that as it may, the injunction has been clamped under the impugned order. However, we do not find any prima facie finding of possession, irreparable loss and balance of convenience. The Writ Petition is pending before the learned Single Judge. It is for the learned Single Judge to decide the said Writ Petition on its own merits and the miscellaneous petition in W.M.P.No.16412 of 2023 also.

5. In view of the fact that the learned Single Judge, while passing the impugned order, has not given any prima facie finding of possession, irreparable loss and balance of convenience, we modify the said order of injunction into status quo. All the parties to the Writ Petition shall maintain status quo till the order is passed by the learned Single Judge in the Writ Petition on merits and / or the order is passed in the Civil Suit on an application for injunction filed by the original writ petitioner, whichever is earlier.

6. This Writ Appeal accordingly stands disposed of. There shall be no order as to costs. Consequently, C.M.P.No.6886 of 2024 is closed. 4/6

(S.V.G., CJ.) (D.B.C., J.) 26.03.2024 Index : yes/no Speaking order/Non-speaking order : yes/no grs To

1. The District Collector, Office of the District Collector, Kancheepuram District.

2. The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Chengalpet Kancheepuram District.

3. The Tahsildhar, Thiruporur Taluk, Kancheepuram District.

5/6

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

grs 26.03.2024 6/6