H.R.Nagaraju v. The District Revenue Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 20.04.2023

CORAM

THE HONOURABLE Mr. JUSTICE M.S.RAMESH AND W.M.P.No.38935 of 2018 H.R.Nagaraju .. Petitioner Vs.

1.The District Revenue Officer Krishnagiri District Krishnagiri 2.H.Liyaz Khan .. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for a writ of Certiorarified Mandamus, calling for the records relating to the proceedings of the 1st respondent in Pa.Mu.No.27517/2018 J2 dated 30.11.2018 and quash the same and consequently directing the 1st respondent to maintain petitioner's name in Patta No.146 for S.No.171/3. For Petitioner : Mr.M.P.Saravanan For R1 : Mr.P.Sathish Additional Government Pleader For R2 :

Ms.V.Srimathi 1/4

O R D E R

This petition has been filed to quash the proceedings dated 30.11.2018 of the 1st respondent in Pa.Mu.No.27517/2018 J2 and for a direction to the 1st respondent to maintain petitioner's name in Patta No.146 in respect of the property in S.No.171/3.

2. Heard M.P.Saravanan, learned counsel for the petitioner as well as Mr.P.Sathish, learned Additional Government Pleader appearing for the 1st respondent and perused the materials available on record.

3. Concededly, a suit has been filed by the petitioner in O.S.No.301 of 2021 before the Sub Court, Hosur, in which, the relief sought is related to the one sought in the present writ petition and the said suit is still pending. Further, it is seen that the said suit has been filed by the petitioner after the filing of the present writ petition in 2018. That apart, the relief sought in the present writ petition can be sought in the civil suit itself. If that be so, invoking the powers of this Court under Article 226 of the Constitution of 2/4

India, for a parallel adjudication of a matter which is the subject matter of the civil suit, could be improper. In this background, the petitioner is granted liberty to file an application seeking the prayer sought for in the present writ petition before the Civil Court.

With the above liberty, the Writ Petition is closed. No costs. Connected Miscellaneous Petition is closed.

20.04.2023 Index : Yes/No gya To The District Revenue Officer Krishnagiri District Krishnagiri 3/4

M.S.RAMESH, J.

gya 20.04.2023 4/4