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Madras High CourtWP(MD)/9275/2018dismissed

C.Sudha v. The Tahsildar

2021-02-11Honourable Mr Justice V. Parthiban2 pages

W.P.(MD) No.9275 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.02.2021

CORAM

THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P.(MD) No.9275 of 2018 and W.M.P.(MD) No.8589 of 2018 C.Sudha .. Petitioner Vs 1.The Tahsildar, Kadayanallur, Tirunelveli District.

2.The Assistant Electricity Engineer, Tamilnadu Electricity (TANGEDCO), Nayinarakaram, Kadayanallur Taluk, Tirunelveli District.

3.The Block Medical Officer, Chockampatti, Kadayanallur Taluk, Tirunelveli District.

.. Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, to forbear the respondents from disposing the petitioner from the property in S.No.412/1, Urmelalagiyan Village, Kadayanallur Taluk, Tirunelveli District without following the due process of law in view of the decree in O.S.No.33 of 2010.

For Petitioner : Mr.M.Mohamed Sherbudeen For R1 & R3 : Mr.C.Ramesh Special Government Pleader For R2 : No appearance

ORDER

This Court is not inclined to entertain this writ petition for the simple reason that proper remedy for the petitioner is before the civil Court and not before this Court and moreover the survey number, which is mentioned in this writ petition, is different from the survey number, which is the subject matter of the civil Court decree.

2.In that view of the matter, this Court cannot settle the https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.9275 of 2018 factual controversy surrounding the claim of the petitioner and therefore, this Writ Petition stands dismissed. It is open to the petitioner to approach the competent civil Court to workout her remedy in the manner known to law. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CRL.SIDE) // True Copy // / /2021 Sub Assistant Registrar(CS) mm To 1.The Tahsildar, Kadayanallur, Tirunelveli District.

2.The Block Medical Officer, Chockampatti, Kadayanallur Taluk, Tirunelveli District.

+1 CC to SGP ( SR-5160[F] dated 15/02/2021 ) W.P.(MD)No.9275 of 2018 11.02.2021 KM (22.02.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2