Madras High CourtWMP(MD)/2309/2020dismissed

Parameshwaran v. The District Collector

2020-02-12Honourable Mr Justice S.S. Sundar2 pages

WMP(MD) No.2309 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Wednesday, the Twelfth day of February Two Thousand Twenty PRESENT The Hon`ble Mr.Justice S.S.SUNDAR WMP(MD) No.2309 of 2020 IN WP(MD) No.2702 of 2020 PARAMESHWARAN ... PETITIONER/PETITIONER Vs 1.THE DISTRICT COLLECTOR, DISTRICT COLLECTOR OFFICE, NAGERCOIL, KANYAKUMARI DISTRICT.

2.THE SUB COLLECTOR, SUB COLLECTOR OFFICE, NAGERCOIL, KANYAKUMARI DISTRICT.

3.THE TAHSILDAR TASHILDAR OFFICE, THOVALAI TALUK, KANYAKUMARI DISTRICT.

4.THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT( WEST RESOURCE ORGANIZATIONS) THOVALAI, NAGERCOIL, KANYAKUMARI DISTRICT. ... RESPONDENTS/ RESPONDENTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to pass an order of Interim Injunction restraining the 1 to 4 respondents herein from any manner disturbing the peaceful possession and enjoyment of the land in S.No.252/1 Easanthimangalam South Village, Thovalai Taluk, Kanyakumari District pending disposal of the main Writ Petition.

Prayer in WP(MD). 2702/ 2020 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court directing the 1st respondent herein to consider the petitioner's representation dated 13.01.2020 and issue patta for the land in New Survey No.252/1 (Old Survey No.902/175-902/218) to an extent of 85 cents, Esanthimangalam Village, Thovalai Taluk, Kanyakumari District. https://hcservices.ecourts.gov.in/hcservices/ 1/2

WMP(MD) No.2309 of 2020 ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.D.NALLATHMBI, Advocate for the petitioner and of Mr.A.MUTHUKARUPPAN, Additional Government Pleader on behalf of the Respondents, the court made the following order:- This petition is for interim injunction restraining the respondents 1 to 4 herein from any manner disturbing the peaceful possession and enjoyment of the land.

2.The petitioner himself states that he has obtained decree in O.S.No.41 of 410/1982 on the file of Additional District Munsif Court, Nagercoil. The suit is for declaration of title and consequential injunction. When the petitioner himself states that the Civil Court has granted the decree for injunction, this petition is unnecessary.

3.Hence, this miscellaneous petition is dismissed. sd/- 12/02/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE DISTRICT COLLECTOR, DISTRICT COLLECTOR OFFICE, NAGERCOIL, KANYAKUMARI DISTRICT.

2.THE SUB COLLECTOR, SUB COLLECTOR OFFICE, NAGERCOIL, KANYAKUMARI DISTRICT.

3.THE TAHSILDAR, TASHILDAR OFFICE, THOVALAI TALUK, KANYAKUMARI DISTRICT.

4.THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT( WEST RESOURCE ORGANIZATIONS) THOVALAI, NAGERCOIL, KANYAKUMARI DISTRICT.

ORDER

IN WMP(MD) No.2309 of 2020 IN WP(MD) No.2702 of 2020 Date :12/02/2020 TM TK/JC/SAR.3/17.02.2020/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2