M.Gunaseelan v. The Tahsildar,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.04.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.9433 of 2018 M.Gunaseelan ... Petitioner vs.

1. The Thasildhar Dindigul East Dindigul District 2.Kanagalakshmi 3.Ganapathi 4.Mani 5.Sumathi ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus forbearing the respondents from disturbing the peaceful possession and enjoyment of the property of the petitioner without following due process of law.

For Petitioner :

Mr.R.Sevugaraja For Respondents :

Mr.S.Nagarajan Special Government Pleader for R1

O R D E R

Mr.S.Nagarajan, learned Special Government Pleader, takes notice for the first respondent. Notice to the respondents 2 to 5 is dispensed with in view of nature of the order to be passed by this Court.

2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

3. The writ petition predominantly discloses a civil dispute, wherein the petitioner has alleged that the respondents 2 to 5 herein are attempting to grab his lands. In this connection, a civil suit in O.S.No.358 of 2017 is also pending before the learned District Munsif, Dindigul. While the civil suit is pending and the petitioner apprehends a disturbance from the respondents 2 to 5, this Court exercising its power conferred under Article 226 of the Constitution of India may not be competent to interfere in such allegations. It is always open to https://hcservices.ecourts.gov.in/hcservices/

the petitioner to workout his remedies before the appropriate Civil Court of law.

4. With the above observation, this writ petition is closed. No costs.

Sd/- Assistant Registrar(W) /True Copy/ Sub Assistant Registrar To The Thasildhar, Dindigul East, Dindigul District.

KRK VB/JC/SAR2/17/05/2018/2P/2C W.P.(MD) No.9433 of 2018 26.04.2018 https://hcservices.ecourts.gov.in/hcservices/