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Madras High CourtWP(MD)/13963/2025dismissed

Naveen .V v. The District Collector

2025-05-08Honourable Mr Justice P.B. Balaji6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.05.2025

CORAM

THE HON'BLE MR.JUSTICE P.B.BALAJI and W.M.P.(MD)No.10111 of 2025 V.Naveen : Petitioner Vs.

1.The District Collector, Thanthonrimalai, 2.The District Revenue Officer, Thanthonrimalai, 3.The Revenue Divisional Officer, Pirathhatchanam Road, 1/6

4.The District Registrar, (Registration Department), District Registrar Office, 5.The Tahsildar, Manmangalam Taluk, 6.The Sub-Registrar, (Registration Department), Mela Karur Sub-Registrar Office, 7.P.Kandasamy 8.Nallusamy 9.Banumathy 10.Sathish Kumar 11.Jeyapriya : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, forbearing the respondents 1 to 5 from taking any adverse actions till the disposal of the appeal in 2/6

A.S.(MD)SR.No.36756 of 2025 on the file of this Court, based on the petitioner's representation dated 26.04.2025. For Petitioner : Mr.V.Pandi For Respondents 1 to 6 : Mr.K.S.Selvaganesan Additional Government Pleader

O R D E R

The petitioner seeks issuance of a Writ of Mandamus to forbear the respondents 1 to 5 from taking adverse action till disposal of first appeal in A.S.(MD)SR.No.36756 of 2025, before this Court, based on the petitioner's representation dated 26.04.2025. 2.The grievance of the petitioner is that the petitioner as a 11th defendant in O.S.No.268 of 2020, has suffered a decree and has already preferred an appeal before this Court and the same is pending in the SR stage. Taking advantage of the decree in favour of the plaintiffs, who are the respondents in the Writ Petition, it is claimed that the decree holders are attempting to dispossess the petitioner from the property. Having preferred an appeal, aggrieved by the judgment and decree in O.S.No.268 of 2020, it shall be open to the petitioner to move this Court in the pending first appeal and seek any interim relief. It is not open to the petitioner to invoke the 3/6

writ jurisdiction of this Court and seek the relief of this nature, especially to forbear the official respondents from taking adverse action.

3.In the light of the above, the Writ Petition stands dismissed. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

08.05.2025 Index :Yes / No Internet : Yes / No NCC : Yes/No MR 4/6

To 1.The District Collector, Thanthonrimalai, Karur, Karur District.

2.The District Revenue Officer, Thanthonrimalai, Karur, Karur District.

3.The Revenue Divisional Officer, Pirathhatchanam Road, Karur, Karur District.

4.The District Registrar, (Registration Department), District Registrar Office, 5.The Tahsildar, Manmangalam Taluk, Karur, Karur District.

6.The Sub-Registrar, (Registration Department), Mela Karur Sub-Registrar Office, Karur, Karur District.

5/6

P.B.BALAJI.

, J.

MR 08.05.2025 6/6