G.Murugesan, v. The State Of Tamilnadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:20.04.2017

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.A.(MD) No.104 of 2015 & M.P.(MD).No.1 of 2015 G.Murugesan ...Appellant/Petitioner/Petitioner Vs.

1.The State of Tamilnadu Rep. by Principal Secretary to Government, St.George Fort, Chennai.

2.The District Collector, 3.The Superintendent of Police, 4.The Deputy Superintendent of Police, Samayanallur, 5.The Inspector of Police, Cholavanthan Police Station, 6.The Block Development Officer, Mullipallam Panchayath, Vadipatti Taluk, 7.Seethalakshmi, President of Mullipallam Panchyath, Nadu Theru, Mullipallam, Cholavanthan, 8.Raja

...Respondents/Respondents/Respondents

PRAYER: Writ Appeal is filed under Clause 15 of Letters Patent Act against the order dated 08.01.2015 made in M.P.(MD).No.1 of 2014 in W.P.(MD).No.20312 of 2014.

- Vs. -

Prayer in MP(MD). 1/ 2014 in WP(MD).20312/2014 : To pass an order of Interim Injunction, restraining the respondents and their men from interfering the peaceful possession and enjoyment of petitioner's land by putting up any further construction in S.No.27 in Mullipallam Village, Vaadipatti Taluk, Prayer in WP(MD). 20312/ 2014 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1 to 3 respondent to take disciplinary action in accordance with law as against 6 to 8 respondents from exercising their official powers unlawfully and to pass appropriate orders and take effective steps to remove the construction made in Petitioner s land in S. No. 27 in Mullipallam Village, Vadipatti Taluk, Madurai District, by 6 to 8 respondents by misusing their powers within stipulated time fixed by this Honourable Court and to take appropriate action as against the 4 to 8 respondents in accordance with law.

For Appellant : Mr.R.Manimaran For Respondents : Mr.V.Muruganantham for R1 to R5 Additional Government Pleader No appearance for R6

JUDGMENT

[Judgment of the Court was delivered by T.S.SIVAGNANAM,J] This appeal is directed against the interim order made in M.P. (MD).No.1 of 2014 in W.P.(MD).No.20312 of 2014. The order sheet shows that even notice was not ordered to the respondents and the matter has been adjourned at the instance of the appellant.

2. The grievance of the appellant is that the Court has virtually non-suited the appellant by making certain observation in the interim order when the writ petition was pending.

3. It is needless to state that an interim order is only interim in nature and will not affect the rights of the parties, unless and until the case is decided finally. Therefore, it is always open to the appellant to canvass all points before the writ Court as and when the writ petition is taken up for disposal.

4. With the above observation, the writ appeal is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(C.O) /True Copy/ Sub-Assistant Registrar To 1.The State of Tamilnadu Rep. by Principal Secretary to Government, St.George Fort, Chennai.

2.The District Collector, 3.The Superintendent of Police, 4.The Deputy Superintendent of Police, Samayanallur, 5.The Inspector of Police, Cholavanthan Police Station, 6.The Block Development Officer, Mullipallam Panchayath, Vadipatti Taluk, +One cc to mr.R.Manimaran, Advocate, SR.No.52976 +One cc to The Special Government Pleader, SR.No.53422 jikr RL/9C/3P/MR/4.5.2017 W.A.(MD) No.104 of 2015 & M.P.(MD).No.1 of 2015 20.04.2017