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Madras High CourtCMP/20667/2018dismissed

Arulmigu Anangkottai Shir Poottu Muniappan Thiru Kovil v. The State Of Tamilnadu

2018-11-30Honourable Ms. Justice P.T. Asha2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Civil Appellate Jurisdiction ) Friday, the Thirtieth day of November Two Thousand Eighteen PRESENT THE HON`BLE MS.JUSTICE P.T.ASHA CMP No.20667 of 2018 in SA.No.695 of 2018 1 ARULMIGU ANANGKOTTAI SHIR POOTTU [ PETITIONERS ] MUNIAPPAN THIRU KOVIL, MUNIAPPAN THIRU KOVIL, REP.BY ITS POOSARI G. VENKATRAMAN, S/O. GOVINDASAMY, NO.117/237, AYYANTHIRUMALIGAI, SALEM.

2 G.VENKATARAMAN 3 R.SUNDARRAJAN 4 K.PALANISAMY 5 R.K.BALU 6 K.PANDIAN 7 E.SENTHILKUMAR Vs 1 THE STATE OF TAMILNADU [ RESPONDENTS ] REP BY THE DISTRICT COLLECTOR, COLLECTOR OFFICE, COLLECTORATE, SALEM-636001. 2 THE TAHSILDAR SALEM TALU, TAHSILDAR OFFCE BUILDING, SALEM CENTRAL CO.OPERATIVE ABNK BACKSIDE, CHERRY ROAD, SALEM-7.

3 THE VILLAGE ADMINISTRATIVE OFFICER, 52, VILLAGE ADMINISTRATIVE OFFICER, SARADHA COLLEGE ROAD, NEAR HASTHAMPATTI WATER TANK, HASTHAMPATTI, SALEM-7.

4 THE EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT, CONSTRUCTION AND MAINTENANCE, CHERRY ROAD, SALEM-7.

Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to grant an order of Interim Injunction forbearing the respondents herein from alienating the property which is subject matter of the https://hcservices.ecourts.gov.in/hcservices/

CFR No.3788 of 2015 in Un Numbered O.S.No. of 2015 on the file of the Principal District Munsif Court at Salem (in CMP.No.20667/2018) pending disposal of the above SA.No.695/2018. SCHEDULE OF PROPERTIES XEROX COPY ATTACHED Order : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.NALLIYAPPAN.R, Advocate for the petitioner the court made the following order:- This Civil Miscellaneous Petition is filed seeking an order of interim injunction forbearing the respondents herein from alienating the property which is subject matter of the C.F.R.No.3788 of 2015 in unnumbered O.S.No....... of 2015 on the file of the Principal District Munsif Court at Salem pending disposal of the above Second Appeal.

2. Considering the fact that any sale pending appeal would be hit by the principles of lis pendens, there is no necessity to grant any order of injunction as prayed for. Hence, this Civil Miscellaneous Petition is dismissed.

-sd/- 30/11/2018 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO 1 THE I ADDITIONAL SUBORDINATE JUDGE, SALEM.

2 THE PRINCIPAL DISTRICT MUNSIF, SALEM.

C.C. to M/S.NALLIYAPPAN R. Advocate on payment of necessary charges Order in CMP.No.20667 of 2018 in SA.No.695 of 2018 Date :30/11/2018 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format KP(07/12/2018) https://hcservices.ecourts.gov.in/hcservices/