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Madras High CourtWP(MD)/7645/2018allowed

Suresh v. The District Collector

2026-02-10Honourable Mr Justice G.R.Swaminathan,Honourable Mrs Justice R. Kalaimathi6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.02.2026

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MRS.JUSTICE R.KALAIMATHI W.P(MD)No.7645 of 2018 and W.M.P.(MD)No.7268 of 2018 1.Suresh 2.Rajammal ... Petitioners Vs.

1.The District Collector, Tiruchirappalli District.

2.The Revenue Divisional Officer, Musiri Revenue Division, Thuraiyur, Tiruchirappalli District.

3.Thasildar, Thuraiyur Taluk, Thuraiyur, Tiruchirappalli District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, restraining the respondents from dealing with the lands ad measuring 0.08.50 ares 1/6

comprised in Survey No.912/23 and 0.07.20 Ares comprised in Survey No.912/35 and situated at Naganallur Village, Thalugai Majra, Thuraiyur Taluk, Tiruchirappalli District by issuing patta to third parties or by disturbing the possession of the petitioners pending adjudication of the Civil Disputes in O.S.No.161 of 2017 and O.S.No.68 of 2017 on the file of the Court of Subordinate Judge, Thuraiyur. For Petitioners : Ms.J.Maria Roseline For Respondents : Mr.S.Shaji Bino, Spl. Government Pleader.

ORDER

(By G.R.SWAMINATHAN, J.) Heard both sides.

2.The writ petitioners have filed O.S.Nos.161 and 68 of 2017 on the file of the Sub Court, Thuraiyur seeking the relief of declaration and permanent injunction in respect of the petition mentioned lands. The petitioners have title document in respect of S.No.912/23. The petitioners' claim is that they are in occupation of the adjacent land comprised in S.No.912/35 which has been classified as natham. 2/6

3.Since the Civil Court is seized of the matter, we restrain the respondents from interfering with the writ petitioners' possession and enjoyment of the same. The right of the writ petitioners will abide by the outcome of the civil proceedings. We make it clear that we have not gone into the merits of the matter. It is open to the jurisdictional Civil Court to decide on title. Since the suits are nine years old, we direct the trial Court to dispose of the suits on merits and in accordance with law within a period of eight months from the date of receipt of a copy of this order.

4.This writ petition is allowed on these terms. No costs. Consequently, connected miscellaneous petition is closed. (G.R.S. J.,) & (R.K.M. J.,) 10.02.2026 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias 3/6

To:

1.The District Collector, Tiruchirappalli District.

2.The Revenue Divisional Officer, Musiri Revenue Division, Thuraiyur, Tiruchirappalli District.

3.Thasildar, Thuraiyur Taluk, Thuraiyur, Tiruchirappalli District.

Copy to:

The Sub Court, Thuraiyur.

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G.R.SWAMINATHAN, J.

and R.KALAIMATHI, J.

ias W.P(MD)No.7645 of 2018 10.02.2026 6/6