Kalimuthan v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.1864 of 2014 and M.P.(MD).No.1 of 2014 Kalimuthan : Petitioner Vs.

1. The District Collector, Ramanathapuram.

2. The Tahsildar, Thiruvadanai.

3. Arumugam : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorari calling for the records of the second respondent in Na.Ka.No.B4/10824/2013, dated 22.01.2014, and quash the same as illegal. For Petitioner : Mr.J.Madhu For R1 & R2 : Mr.T.S.Mohamed Mohideen Additional Government Pleader For R3 : No Appearance

O R D E R

*********** [Order of the Court was made by K.K.SASIDHARAN, J.] There is a private dispute between the petitioner and the third respondent. We are informed that there are two civil suit within the parties pending in O.S.No.105 of 2012 and O.S.No.41 of 2013, before the District Munsif, Thiruvadanai. 2.The second respondent on receipt of the representation from the third respondent, directed the petitioner to vacate the property. The second respondent appears to have acted as a Civil Court. The order passed by him would amount to a decree of mandatory injunction.

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3.The learned Additional Government Pleader is not in a position to support the order passed by the Tahsildar. We, therefore, allow this writ petition by quashing the impugned order. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-II) /True copy/ Sub Assistant Registrar To:

1. The District Collector, Ramanathapuram.

2. The Tahsildar, Thiruvadanai.

+1 CC to THE SPECIAL GOVERNMENT PLEADER, SR No. 69774. TSG/NS PSM/MR-KKR/SAR2/31.08.2017/2P/4C Order made in W.P.(MD)No.1864 of 2014 dated: 31.07.2017 https://hcservices.ecourts.gov.in/hcservices/