Perumal v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.07.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and WMP(MD)No.14601 of 2025 Perumal

...Petitioner

Vs.

1.The Revenue Divisional Officer, Dindigul District, Dindigul.

2.The Tahsildar Dindigul West Taluk, Dindigul, Dindigul District.

3. Lavakumar

4. Jayakumar ...Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, forbearing the respondents 1 to 4 not to interfere in the peaceful possession of the petitioner's property in Survey No. 304, Seelapadi village, Dindigul Taluk and Dindigul District, to an extent of 4 Acres 45 Cents of Punja lands, till the disposal of O.S.No. 73 of 2018 has been institute by petitioner before the Principal District Munsif, Dindigul and based on the petitioner's representation dated 30.06.2025 within the time stipulated by this Court.

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For Petitioner :Mr.G.Radhakrishnan For R1 and R2 : Mr.M.Lingadurai Special Government Pleader

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Mandamus, to forbear the respondents 1 to 4 not to interfere in the peaceful possession of the petitioner's property till disposal of the suit in O.S.No. 73 of 2018 based on the petitioner's representation dated 30.06.2025 within the time stipulated by this Court.

2. Admittedly, the suit in O.S.No.73 of 2018 is pending before the Principal District Munsif Court, Dindigul.

3. The learned counsel for the petitioner submitted that the suit was decreed in his favor, against which the 3rd respondent preferred the first appeal, and the same was allowed in their favor. Against that judgment, the petitioner has preferred a second appeal, which is pending before this Court. In such circumstances, respondents 3 and 4 are attempting to interfere with the peaceful possession of the property and are trying to change the patta. 2/4

4. Considering the facts of the case, since the appropriate remedy is lying before the civil court for obtaining injunction this Court is not inclined to allow this writ petition.

5. Accordingly, this Writ Petition stands dismissed. However, liberty is granted to the petitioner to file a petition in the pending second appeal. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

14.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes Ksa To:

1.The Revenue Divisional Officer, Dindigul District, Dindigul.

2.The Tahsildar Dindigul West Taluk, Dindigul, Dindigul District.

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S.SRIMATHY , J.

Ksa ORDER MADE IN DATED : 14.07.2025 4/4