Thiruppathi.M v. The Joint Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.08.2023

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P.(MD)No. 18638 of 2023 1.M.Thiruppathi 2.M.Nagaraj 3.M.Maheswaran 4.M.Anandhan 5.M.Saravanan 6.P.Natarajan 7.T.Nagaraj ...

Petitioners Vs.

1.The Joint Commissioner HR & CE Department, Madurai.

2.The Executive Officer Arulmighu Mahadevasamy Temple, Raja Mill Road, Madurai - 10.

...

Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondents 1 and 2 not to initiate 1/4

any new proceeding or pass orders regarding the property situated in town survey No.1208/13 in Raja Mill Road till the disposal of the civil suit in O.S.No.829 of 2017 which is pending before the District Munsif Court, Madurai Town. For Petitioners : Mr.A.Ganesan For Respondents : Mr.R.Ragavendran - for R1 Government Advocate Mr.S.Manohar - for R2

ORDER

This writ petition is filed directing the respondents 1 and 2 not to initiate any new proceeding or pass orders regarding the property situated in town survey No.1208/13 in Raja Mill Road till the disposal of the Civil suit in O.S.No.829 of 2017.

2. Heard Mr.A.Ganesan, the Learned counsel appearing for the petitioners, Mr.R.Ragavendran, the Learned Government Advocate appearing for the 1st respondent, Mr.S.Manohar, the learned counsel appearing for the 2nd respondent and perused the material documents available on record. 2/4

3. The petitioners are claiming their rights over the property through Pattayam which was issued by one Chokkayeeammal.

4. This Court is not inclined to go into the merits of the case since, if anything is stated it will affect the rights of the parties. This Court directs not to precipitate the issue until disposal of the Civil suit in O.S.No.829 of 2017 which is pending before the District Munsif Court, Madurai Town. Since the suit is of the year 2017, the Learned District Munsif Court, Madurai Town, is directed to dispose of the suit, within a period of 5 months from the date of receipt of a copy of the order.

5. With these observations and directions, this writ petition is disposed of. No Costs.

Index : Yes / No 31.08.2023 Internet : Yes NCC : Yes / No ksa 3/4

S.SRIMATHY, J ksa To 1.The Joint Commissioner HR & CE, Madurai.

2.The Executive Officer Arulmighu Mahadevasamy Temple, Raja Mill Road, Madurai - 10.

3. The District Munsif Court, Madurai Town.

Order made in W.P.(MD)No. 18638 of 2023 31.08.2023 4/4