R. Bose, v. The Secretary To Govt.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.04.2014
CORAM:
THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN AND THE HONOURABLE MS.JUSTICE V.M.VELUMANI W.P.(MD)No.20947 of 2013 and M.P.(MD).No.1 of 2013 S.Vanaja ... [ PETITIONER ] Vs
1. The District Collector, Madurai District, Madurai
2. The Tahsildar, Melur, Madurai.
3. The Commissioner, Melur Municipality, Madurai.
...
[ RESPONDENTS ] Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarfied Mandamus to call for the records pursuant to the impugned order of the third respondent dated 17.12.2013 in Na.Ka.No.242/13/F1 and quash the same and issue a consequential direction forbearing the respondents from demolishing the petitioner's house in Plot No.9 S.No.207/4A Pandiyan Nagar, Melur.
For Petitioner :: Mr.Porkodi Karnan For R.1 &2 :: Mr.M.Govindan Spl.Govt.Pleader For R.3 :: Mr.J.Gunaseelan Muthiah Government Advocate
ORDER
(Order of the Court was made by V.RAMASUBRAMANIAN,J.) The petitioner has come up with the above Writ Petition, challenging a notice for removal of encroachment, issued to the petitioner.
2.
Heard Mr.Porkodi Karnan, learned counsel appearing for the petitioner, Mr.M.Govindan, learned Special Government Pleader appearing for the first and the second respondents and Mr.J.Gunaseelan Muthiah, learned Government Advocate, appearing for the third respondent Municipality.
3.
The short ground on which the petitioner challenges the impugned final notice directing the petitioner to remove the encroachment caused in Survey No.207/4A, T.S.No.65, Pandiyan Nagar, Melur Municipality is that she had already gone to the Civil Court and obtained an interim order of protection.
4.
The learned counsel appearing on behalf of the petitioner today produced a certified copy of the docket orders passed in I.A.No.207/13 in O.S.No.95 of 2013, on the file of the District Munsif, Melur, Madurai District. He has also produced a copy of the plaint in O.S.No.95 of 2013. It is seen from the plaint that the petitioner filed the said suit against all the respondents herein, for a decree of declaration that the property in question belongs to her and also for a decree of prohibitory permanent injunction. The suit property is described as the land of an extent about 4 3⁄4 cents in Survey No.207/4A, T.S.No.65, Pandiyan Nagar, Melur Municipality, Madurai District. 5.
Though the impugned notice calling upon the petitioner to remove the encroachment was issued on 17.12.2013, the respondents actually suffered an interim order of status quo, on 17.02.2014, on the file of the District Munsif Court, Melur, Madurai District. The order passed on 17.02.2014 in I.A.No.207 of 2013 in O.S.No.95 of 2013 reads as follows:- "17.02.2014 Omitted on 22.01.2014. Taken up today for reply arguments.
Heard both sides. In view of the endorsement made that status quo to be maintained till the conclusion of the trial for order continue.....
verification call on 22.02.2014. Int.V.D., District Munsif, Madurai."
6.
Therefore, it is clear that the respondents have suffered an interim order to maintain status quo before a Civil Court. Hence, without getting appropriate orders from the Civil Court, the respondents cannot proceed further with the notice impugned in the Writ Petition. Therefore, the Writ Petition is allowed and the impugned order is set aside. However, it will be open to the respondents to move the Civil Court for appropriate reliefs. The trial Court shall endeavour to dispose of the suit, within a period of three months from the date of receipt of a copy of this order. Consequently, the connected miscellaneous petition is closed. No costs.
sd/- Assistant Registrar (Per.Admn) /True copy/ Sub Assistant Registrar
ssm To
1. The District Collector, Madurai District, Madurai
2. The Tahsildar, Melur, Madurai.
3. The Commissioner, Melur Municipality, Madurai.
+1CC to Special Government Pleader, in SR.No. 21029 +1CC to Mr.J.gunaseelan Muthiah,Advocate in SR.No.20929 +1CC to M/S.POLAS LEGAL SOLUTIONS, in SR.No.20798 W.P.(MD)No.20947 of 2013 04.04.2014 RG.21.04.2014 3P/7C.