D.Singaravelu v. Revenue Divisional Officer /

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.03.2020

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.31838 of 2018 D.Singaravelu .. Petitioner ..Vs..

1.Revenue Divisional Officer / 1st Class Administrative Criminal Justice Cheyyar, 2.Thasildar Vembakkam, 3.Inspector of Police, Dusi Police Station, Dusi, 4.D.Selvaraj .. Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to the proceedings of the 1st respondent, dated 26.09.2018 made in MC.No.18/2018, A3, quash the same and direct the respondents to permit the petitioner to cut, uproot and remove the Seemai Karuvelam trees grown on the land, measuring an extent of 1.00.0 hectres in Patta Nos.159 and 466, at No.122, Kundiyan Thandalam Village, Cheyyar Taluk, For Petitioner : Mr.K.Rajasekaran For RR1 to 3 : Mr.M.Mohamed Riyaz, Additional Public Prosecutor.

For R4 : Mr.C.Venkatesan

O R D E R

This petition has been filed in the nature of Certiorarified Mandamus to call for the records relating to the proceedings of the 1st respondent, dated 26.09.2018 made in MC.No.18 of 2018, A3, quash the same and direct the respondents to permit the petitioner to cut, uproot and remove the Seemai Karuvelam trees grown on the lands, measuring an extent of 1.00.0 hectres in Patta Nos.159 and 466, at No.122, Kundiyan Thandalam Village, Cheyyar Taluk, Thiruvannamalai District. 2.

It is seen that the dispute between the petitioner and 4th respondent, who is the brother of the petitioner, is in respect of their shares. In this regard, they filed a suit for partition in O.S.No.215 of 2009 and as against which the Second Appeal is also filed and it is pending before this Court in S.A.No.743 of 2015. The 1st respondent has directed the parties concerned to maintain status quo and thereby ordered to maintain status quo till the dispose of the civil dispute between them. Therefore, absolutely there is no infirmity or irregularity in the order passed by the 1st respondent. Accordingly, this Writ Petition is dismissed. No costs.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar smv To, 1.Revenue Divisional Officer / 1st Class Administrative Criminal Justice Cheyyar, 2.Thasildar Vembakkam,

3.Inspector of Police, Dusi Police Station, Dusi, +1 cc to Mr.K.Rajasekaran Advocate sr19162 +1 cc to Mr.C.Venkatesan Advocate sr19071 W.P.No.31838 of 2018 rgn(co) aa10/09/2020