Madras High CourtWP(MD)/20196/2018closed

Solaimalai v. The District Collector

2019-03-26Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.20196 of 2018 and W.M.P.(MD)Nos.17950 & 21372 of 2018 Solaimalai ... Petitioner Vs.

1. The District Collector, Virudhunagar District, Virudhunagar.

2. The Revenue Divisional Officer, Sivakasi, Virudhunagar District.

3. The Tahsildar, Rajapalayam Taluk, Virudhunagar District.

4. I.Sankaramani ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the third respondent herein from disturbing the petitioner's peaceful possession and enjoyment of the property comprised in Survey No.508A/1B1 measuring about 90 cents situated at (PTR Nagar) Samsikapuram Village, Rajapalayam Taluk, Virudhunagar District not otherwise than due process of law pending the enquiry before the first respondent contemplated based on the order dated 16.05.2018 in W.P.(MD)No.17224 of 2015 and in the light of the proceeding of the third respondent dated 16.04.2015.

For Petitioner : Mr.B.Prahalad Ravi For R-1 to R-3 : Mr.K.Mu.Muthu, Additional Government Pleader.

For R-4 : Mr.V.Sasikumar

O R D E R

The Writ petitioner wants this Court to restrain the Tahsildar, Rajapalayam, from disturbing the peaceful possession and enjoyment in respect of the petition mentioned property. It is https://hcservices.ecourts.gov.in/hcservices/

seen that the petitioner has already filed O.S. No.76 of 2018 before the Principal District Court, Srivilliputhur, seeking very same relief now sought for. The Tahsildar, Rajapalayam, is figuring as the third defendant in the said suit. Since the petitioner has already taken recourse to the civil proceedings, he ought not to have filed this Writ petition.

2. Keeping open all the rights of the Writ petitioner to work out his remedies in the said civil suit, this Writ petition stands closed. No costs. Consequently, connected Miscellaneous petitions are closed.

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

1. The District Collector, Virudhunagar District, Virudhunagar.

2. The Revenue Divisional Officer, Sivakasi, Virudhunagar District.

3. The Tahsildar, Rajapalayam Taluk, Virudhunagar District.

+2 CC to M/s.V.SASI KUMAR, Advocate( SR-57037[F] dated 27/03/2019 ) +1 CC to M/s.SPL GP ( SR-57022[F] dated 27/03/2019 ) +1 CC to M/s.B.PRAHALAD RAVI, Advocate ( SR-57523[F] dated 28/03/2019 ) PMU W.P.(MD)No.20196 of 2018 and W.M.P.(MD)Nos.17950 & 21372 of 2018 26.03.2019 KM/(09.04.2019) 3P 8C https://hcservices.ecourts.gov.in/hcservices/