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Madras High CourtWP(MD)/3495/2011disposed of

S.R.Murugan, v. The District Revenue Officer,

2022-03-29Honourable Mr Justice B.Pugalendhi2 pages

W.P(MD)No.3495 of 2011 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)No.3495 of 2011 and MP(MD) No.1 of 2011 S.R.Murugan

...Petitioner

Vs.

1.The District Revenue Officer, Dindigul.

2.The Tahsildar, Kodaikanal.

3.Thangavel

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the records relating to the impugned proceedings of the first respondent in Ce.Ma.2/2009/B4 (PA.MAA) Dated 23.12.2010 and quash the same.

For Petitioner :Mr.M.Suresh Kumar For R1 & R2 :Mr.D.Gandhiraj Special Government Pleader For R3 :Mr.S.Anand Chandrasekar for M/s.Sarvabhauman Associates

O R D E R

This writ petition is filed as against the order passed by the District Revenue Officer, Dindigul in his proceedings Ce.Ma.2/2009/B4 (PA.MAA), dated 23.12.2010, on the application filed by the third respondent herein.

2.Today (29.03.2022), when the matter is taken up for hearing, the learned counsel appearing for the petitioner as well as the respondents have brought to the knowledge of this Court that on the very same issue, a civil suit has already been instituted by the petitioner herein and the same is pending before the Principal Subordinate Court, Madurai in O.S.No.967 of 2017. 3.Considering the fact that the issue involved in this writ petition is pending before the competent civil Court in O.S.No.967 https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.3495 of 2011 of 2017, this Court is inclined to dispose of this writ petition, with liberty to the petitioner to work out his remedy before the Principal Subordinate Court, Madurai, where the civil proceedings is pending. The parties shall co-operate with the trial Court and the the trial Judge shall dispose of the suit in O.S.No.967 of 2017, within a period of three months from the date of receipt of a copy of this order, on its own merits and in accordance with law, without influenced by the orders of this Court and the orders of the District Revenue Officer.

4.With the above directions, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) vrn To 1.The District Revenue Officer, Dindigul.

2.The Tahsildar, Kodaikanal.

COPY TO:

The Principal Subordinate Judge, Madurai, +1 CC to M/s.S.ANAND CHANDRASEKAR (SARVABHAUMAN ASSOCIATES), Advocate ( SR-15262[F] dated 30/03/2022 ) +1 CC to M/s.SPL GP ( SR-15336[F] dated 30/03/2022 ) ORDER MADE IN W.P(MD)No.3495 of 2011 and MP(MD) No.1 of 2011 29.03.2022 CK(CO) GC(30.05.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2