Madras High CourtWP(MD)/10299/2014disposed of

O.Indira, W/O S.Olimuthu, v. The Secretary To Govt.,

2021-04-16Honourable Mr Justice N. Anand Venkatesh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.04.2021

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH O.Indira ... Petitioner -Vs1.The Secretary to Government, Home Department, Fort St. George, Chennai - 600 009.

2.The District Collector, Madurai District, Madurai.

3.The Superintendent of Police, Madurai District, Madurai.

4.The Tahsildar/Registrar of Cultivating Tenant, Madurai East Taluk, Madurai District.

5.The Inspector of Police, Karuppayurani, Madurai District.

6.The Sub-Inspector of Police, Silaimaan Police Station, Madurai District.

7.R.Kalimuthu 8.Mahalingam 9.Baskaran 10.Umadevi 11.Perumal ... Respondents ( RR 7 to 11 are impleaded vide order dated 10.12.2018 made in M.P(MD)No.1 of 2014 in W.P(MD) NO.10299/2014) PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, 1/3

directing the third respondent to direct the fifth respondent to take suitable action and consequently direct the sixth respondent to handover the key of the motor pump room in the schedule lands to the petitioner based on the petitioner's representation dated 22.06.2014.

For Petitioner : Mr.S.Muthalraj For RR 1 to 6 : Mr.M.Rajarajan Additional Government Pleader For RR 7 to 11 : Mr.P.R.Prithiviraj

ORDER

This Writ Petition has been filed for the issue of a Writ of Mandamus, directing the third respondent to give a direction to the fifth respondent to take action and to hand over the key to the petitioner based on the representation made by the petitioner on 22.06.2014.

2.Heard Mr.S.Muthalraj, learned counsel appearing for the petitioner; Mr.M.Rajarajan, learned Additional Government Pleader appearing for the respondents 1 to 6 and Mr.P.R.Prithiviraj, learned counsel appearing for the respondents 7 to 11. 3.Taking into consideration the facts and circumstances of the case and the submissions made on either side, it is seen that already a suit is pending in O.S.No.186 of 2014 on the file of the District Munsif Court, Melur, Madurai District, which has been filed by the petitioner. The parties shall agitate their rights in the pending civil suit and work out their remedy. A Writ Petition cannot be parallelly entertained in this regard. 4.This Writ Petition is disposed of accordingly. No costs. Sd/- Assistant Registrar (CS II) // True Copy // / /2021 Sub Assistant Registrar(CS) ps Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

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To 1.The Secretary to Government, Home Department, Fort St. George, Chennai - 600 009.

2.The District Collector, Madurai District, Madurai.

3.The Superintendent of Police, Madurai District, Madurai.

4.The Tahsildar/Registrar of Cultivating Tenant, Madurai East Taluk, Madurai District.

5.The Inspector of Police, Karuppayurani, Madurai District.

6.The Sub-Inspector of Police, Silaimaan Police Station, Madurai District.

7.The District Munsif, Melur, Madurai.

+1 CC to M/s.NA.PALANIYANDI, Advocate ( SR-16118[F] dated 16/04/2021 ) +1 CC to M/s.SPL GP ( SR-16311[F] dated 17/04/2021 ) 16.04.2021 AS(05.07.2021) 3P 10C 3/3