Alagappan v. Muthu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Friday, the Fifth day of July Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice R.SURESH KUMAR AND The Hon`ble Mr.Justice G. ARUL MURUGAN WMP(MD). No.1627 of 2024 in WP(MD) No.22078 of 2023 Alagappan ... Petitioner/Third Party Vs 1 Muthu 2 The District Collector Pudukkottai District, Pudukkottai.

3 The Tahsildar Thirumayam Taluk, Thirumayam , Pudukkottai District 4 The Block Development Officer Thirumayam Panchayat Union, Thirumayam Pudukkottai District.

5 The President Kulamangalam Village, Thirumayam Taluk Pudukkottai District.

... Respondents 2-5 /Respondents

Prayer :- Writ Miscellaneous Petition is filed under Article 226 of the Constitution of India, praying this Court To grant leave to file the perjury petition and reopen the main Writ Petition in W.P.(MD).No.22078/2023 dated 11.09.2023 and thus render justice Prayer in WP(MD). 22078/ 2023 :

Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents No.1 and 2 and their subordinates not to dispossess him and the petitioner family from the property comprised in Survey No.508/9 measuring about 0.01.0 Ares i.e. 2 1/2 cents out of 4.5 Acres situated at Kulamangalam Panchayat, Kulamangalam Village, Thirumayam Taluk, Pudukkottai District under the guise of encroachment not otherwise than due process of law pending the disposal of the civil suit in O.S.No.531 of 2016 on the file of the Sub Court, Pudukkottai and to pass such further or other orders as this Honourable Court may deem fit and proper in the circumstance.

ORDER:- This Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.A.Arul Jenifer, Advocate for M/s KBS Law Office for the Petitioner and of Mr.N.Satheesh Kumar, Additional Government Pleader for the 2nd to 5th Respondents, this Court made the following order:

Considering the reasons stated in the affidavit filed in support of this petition, the leave sought for by the petitioner is not granted. Therefore, this petition is dismissed. However, the dismissal of this petition will not preclude the petitioner to seek for a leave to file a review application against the order dated 11.09.2023 made in W.P(MD)No.22078 of 2023.

Sd/- Assistant Registrar(CS II) // True Copy // /07/2024 Sub Assistant Registrar (CS- I/ II / III / IV) TO

1. The District Collector Pudukkottai District Pudukkottai

2. The Tahsildar Thirumayam Taluk Thirumayam Pudukkottai District

3. The Block Development Officer Thirumayam Panchayat Union, Thirumayam Pudukkottai District

4. The President Kulamangalam Village , Thirumayam Taluk Pudukkottai District

+ 1 CC TO M/s KBS Law Office CA. Sr.No.33264/2024 + 1 CC to Mr.M.Mahaboobathiff CA. Sr.No.33081/2024 ORDER DATED : 05/07/2024 ==========================

ORDER

========================== WMP(MD). No.1627 of 2024 in WP(MD) No.22078 of 2023 Giving direction and etc.

as stated within.

MGJ(23.07.2024) 4P 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023