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Madras High CourtWP/34918/2022dismissed

A.Kannamma v. The Commissoner

2023-01-02Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.01.2023

CORAM:

THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR A.Kannamma ... Petitioner Vs.

1.The Commissioner Corporation of Coimbatore Coimbatore-641 001 2.The Assistant Commissioner West Zone Corporation of Coimbatore Coimbatore 3.The Thasildar Perur Taluk Office 44-C, Siruvani Main road Perur, Coimbatore 4.Palani Ammal 5.D.Saratha 6.D.Kavitha ... Respondents PRAYER: Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 to 3 to

consider the representation of the petitioner dated 02.11.2022 and pass orders.

For Petitioner : Mr.N.Ravishankar Vallatharasu For Respondents : Mr.K.M.D. Muhilan AGP for R3 Mr.M.Velmurugan for R1 and 2

O R D E R

This Writ Petition is filed seeking to issue a Writ of Mandamus directing the respondents 1 to 3 to consider the representation of the petitioner dated 02.11.2022 and pass orders.

2. It is the case of the Writ Petitioner that he purchased the property from one Ganesan in S.No.524 of Vadavalli village. The said Ganesan already filed a suit in O.S.No.839 of 2001 against one Sukumaran, Duraisamy and Executive Officer, Vadavalli. The said suit has been decreed in favour of the said Ganesan. Despite the above suit filed for permanent injunction and mandatory injunction, the legal heirs of the Duraiswamy causing troubles, therefore he has given a representation to change the revenue records.

3. This Court is at loss to understand as to how the Writ Petition is maintainable. When the petitioner's vendor has already obtained a decree for permanent injunction and mandatory injunction and if any disturbance is caused despite such permanent injunction, the petitioner can steps into the shoes of the vendor can very well execute the decree for permanent injunction.

In such view of the matter, the Writ Petition is dismissed. No costs. 02.01.2023 kpr Internet:Yes Speaking/Non speaking order To 1.The Commissioner Corporation of Coimbatore Coimbatore-641 001 2.The Assistant Commissioner West Zone Corporation of Coimbatore Coimbatore 3.The Thasildar Perur Taluk Office 44-C, Siruvani Main road Perur, Coimbatore

N. SATHISH KUMAR, J.

kpr 02.01.2023