M.Aandi, S/O.Mookan v. The Distirct Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.01.2017 CORAM :

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU Writ Petition (MD) No.25031 of 2016 M.Aandi ... Petitioner Vs.

1.The District Collector, Office of the District Collectorate, Pudukottai Town & District.

2.The Revenue Divisional Officer, Office of Sub Collector, Pudukottai Town & District.

3.The Tahsildar, Karambakkudi Taluk, Pudukkottai District.

4.Periyathambi ... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents 2 to 4 not interfere the petitioners peaceful enjoyment and possession of property comprised in New Survey No.69/2A and corresponding old Survey No.69/2 of Karamabakkudi Village Karambakkudi Taluk Pudukkottai District. For Petitioner : Mr.P.Ganapathisubramanian For Respondents 1-3 :Mr.A.Muthukaruppan, Additional Government Pleader

ORDER

This writ petition has been filed seeking for a direction to the respondents not to interfere with the petitioner's peaceful possession and enjoyment of the property comprised in New Survey No.69/2A corresponding Old Survey No.69 /2 of Karambakkudi Village, Karambakkudi Taluk, Pudukottai District. 2.Admittedly, the petitioner has already approached the Civil Court and filed a civil suit against the fourth respondent. When that being the factual position, the petitioner can only seek for redressal of any grievance in the said suit itself, when https://hcservices.ecourts.gov.in/hcservices/

admittedly, the parties against whom the petitioner seeks the present relief in this writ petition, includes a private party, namely, the fourth respondent herein against whom also the said suit is pending. Therefore, this Court is of the view that this writ petition cannot be entertained as it is for the petitioner to approach the very same Civil Court and seek for any interim relief by impleading the official respondents as party defendants, if at all, the petitioner is having any grievance against those official respondents.

3.With the above observation, the writ petition is dismissed as not maintainable. No costs.

Sd/- Assistant Registrar (P&A) /True Copy/ Sub Assistant Registrar sms To 1.The District Collector, Office of the District Collectorate, Pudukottai Town & District.

2.The Revenue Divisional Officer, Office of Sub Collector, Pudukottai Town & District.

3.The Tahsildar, Karambakkudi Taluk, Pudukkottai District.

+1CC to Mr.P.Ganapathi Subramanian, Advocate Sr.No.130 +1CC to Spl.Government Pleader Sr.No.209 GJM/AL/ML/23.1.17-2p-6c Writ Petition (MD) No.25031 of 2016 02.01.2017 https://hcservices.ecourts.gov.in/hcservices/