Madras High CourtWP(MD)/9488/2018disposed of

M/S.Sri Muthumalai Amman v. The Commercial Tax Officer

2018-04-26Honourable Mr Justice R. Mahadevan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Thursday, the Sixth day of September Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice V.PARTHIBAN WP(MD) No.9488, 9490 and 9517 of 2016 and WMP(MD) NO.7548, 7549, 7551, 7552, 7570, 7571 of 2016 R.PRAKASH ... WRIT PETITIONER IN WP(MD)NO.9488/2016 MR.A.R.AKBAR BASHA ... WRIT PETITIONER IN WP(MD)NO.9490/2016 D.SANTHI ... WRIT PETITIONER IN WP(MD)NO.9517/2016 Vs 1 DISTRICT REVENUE OFFICER THIRUCHIRAPPALLI DISTRICT.

2 THE REVENUE DIVISIONAL OFFICER THIRUCHIRAPPALLI DISTRICT.

3 S.ARUMUGAM, ... RESPONDENTS IN ALL THE PETITIONS Prayer in WP(MD)NO.9488/2016 :

Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to issue a Writ of Certiorarified Mandamus to call for the records of the 1st respondent in its impugned proceedings in Na.Ka.Aa 6/3633/2015 dated 15.04.2016 and quash the same and consequently forebear the respondents from interfering with the petitioners peaceful possession and enjoyment of the property admeasuring 31/2 cents of land situate at S.F.No.67/2 and 67/4, Puthur Village, Woraiyur, Sub Registration District, Tiruchirappalli District. Prayer in WMP(MD).7548/2016 IN WP(MD)NO.9488/2016: To stay the operation of the impugned order passed by the 1st respondent in its impugned proceedings in Na.Ka.Aa 6/3633/2015 dated 15.04.2016 pending disposal of the writ petition and thus render justice.

Prayer in WMP(MD).7549/2016 IN WP(MD)NO.9488/2016 : To pass an order of Interim Injunction restraining the 3rd respondents and his men and agents from interfering with the petitioners peaceful possession and enjoyment of the property admeasuring 3 1/2 cents of land situate S.F.No. 67/2 and 67/4, Puthur Village, Woraiyur Sub Registration District, Tiruchirappalli District and thus render justice.

Prayer in WP(MD).9490/2016 :

Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to call for the records of the 1st respondent in its impugned proceedings in NA.Ka.Aa.6/3633/2015 dated 15.04.2016 and quash the same and consequently forbear the respondents from interfering with the petitioners peaceful possession and enjoyment of the property admeasuring 4 1/2 cents of land situate at S.F.No.67/2 and 67/4, Puthur Village, Woraiyur, Sub-Registration District, Tiruchirappalli District and pass such or other orders that may deem fit and proper in the nature and circumstances of the case and thus render justice. Prayer in WMP(MD).7551/2016 IN WP(MD)NO.9490/2016: to STAY the operation of the impugned order passed by the 1st respondent in its impugned proceedings in NA.Ka.Aa.6/3633/2015 dated 15.04.2016 pending disposal of the writ petition and thus render justice.

Prayer in WMP(MD).7552/2016 WP(MD)NO.9490/2016 : to pass an order of INTERIM INJUNCTION restraining the 3rd respndents and his men and agents from interfering with the petitioners peaceful possession and enjoyment of the property admeasuring 4 1/2 cents of land situate at S.F.No.67/2 and 67/4, Puthur Village, Woraiyur, Sub-Registration District, Tiruchirappalli District and thus render justice.

Prayer in WP(MD).9517/2016 :

Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to call for the records of the 1st respondent in NA.Ka.Aa.6/3633/2015 dated 15.04.2016 and quash the same and consequently forbear the respondents from interfering with the petitioners peaceful possession and enjoyment of the property admeasuring 5 1/2 cents comprised in Ayan Nanjai S.F.No.66/4, Woraiyur, Sub-Registration District, Tiruchirappalli District and pass such further or other orders that this Honble Court may deem fit.

Prayer in WMP(MD).7570/2016 IN WP(MD)NO.9517/2016: To Stay the operation of the impugned order passed by the 1st respondent in NA.Ka.Aa.6/3633/2015 dated 15.04.2016 pending disposal of the writ petition and pass such further or other orders that this Honble Court may deem fit.

Prayer in WMP(MD).7571/2016 WP(MD) NO.9517/2016 : To pass an order of Interim Injunction restraining the 3rd respondents and his men and agents from interfering with the petitioners peaceful possession and enjoyment of the property admeasuring 5 1/2 cents comprised in Ayan Nanjai S.F.No.66/4, Woraiyur, Sub-Registration District, Tiruchirappalli District and pass such further or other orders that this Honble Court may deem fit.

ORDER : These petitions coming on for orders upon perusing the petitions and the affidavit filed in support thereof and upon hearing the arguments of M/S.J.MARIA ROSELINE, Advocate for the petitioner in all the petitions and of Government Advocate for the Respondents 1 & 2 and M/S.P.R.PRITHIVI RAJ, Advocate for R3 in all the petitions the court made the following order:- At request, post on 12.09.2018.

Interim order already granted is extended till then. sd/- 06/09/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 DISTRICT REVENUE OFFICER THIRUCHIRAPPALLI DISTRICT.

2 THE REVENUE DIVISIONAL OFFICER THIRUCHIRAPPALLI DISTRICT.

ORDER

IN WP(MD) No.9488, 9490 and and WMP(MD) NO.7548, 7549, 7551, 7552, 7570, 7571 of 2016 Date :06/09/2018 MV:JC:SAR1:10/09/18/2P/3C