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Madras High CourtWP(MD)/4471/2014disposed of

P.Peethambaram, v. The District Registrar

2021-11-18Honourable Mr Justice C.V. Karthikeyan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.11.2021

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN and M.P(MD)No.1 of 2014 W.P(MD)No.4471 of 2014 P.Peethambaram ... Petitioner Vs.

Palani Town and Taluk, Dindigul District.

Vedasandur Taluk, Dindigul District.

3.A.Ramasamy 4.A.Parameswaran 5.R.Vasantha 6.P.Chithra ... Respondents (R3 to R6 impleaded as per order dated 05.08.2014 in M.P(MD).No.2 of 2014) Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the second respondent not to act upon the communication of the Learned Sub-Judge, Vedsandur dated 21.02.2014 made in D.No.170 till the disposal of the suit in O.S.No.123 of 2013 pending on the file of Additional District Court, Dindigul filed by the petitioner and his co-owners by considering the representation of the petitioner dated 26.02.2014.

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W.P(MD)No.4472 of 2014 M.Eswaran ... Petitioner Vs.

Palani Town and Taluk, Dindigul District.

Vedasandur Taluk, Dindigul District.

3.A.Ramasamy 4.A.Parameswaran 5.R.Vasantha 6.P.Chithra ... Respondents (R3 to R6 impleaded as per order dated 05.08.2014 in M.P(MD).No.2 of 2014) Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the second respondent not to act upon the communication of the Learned Sub-Judge, Vedsandur dated 21.02.2014 made in D.No.170 till the disposal of the suit in O.S.No.123 of 2013 pending on the file of Additional District Court, Dindigul filed by the petitioner and his co-owners by considering the representation of the petitioner dated 26.02.2014.

For Petitioner : Mr.A.Saravanan For R-1 and R-2 : Mr.N.Satheesh Kumar, Additional Government Pleader, For R-3 to R-6 : Mr.Adithyavijayalayan for Mr.D.Venkatesh (In both Writ Petitions) COMMON ORDER The writ petitioner in W.P.(MD).No.4471 of 2014 is the third plaintiff and the writ petitioner in W.P.(MD).No.4472 of 2014 is the first plaintiff in O.S.No.123 of 2013 which was pending on the file of District Judge at Dindigul District. 2/4

2. There were as many as eight defendants in the said suit and out of them, defendants 1 to 4 have been impleaded as respondents 3 to 6 in the Writ Petitions. The Writ Petitions had been filed since, when the suit was pending, the learned Sub-Judge at Vedasandur had given a communication to the first and second respondents with respect to the properties involved in the said litigation which communication was claimed to be adverse to the interest of the writ petitioners herein.

3. However, I am informed by the learned counsel for the petitioners that the suit itself had now been disposed and decreed in favour of the plaintiffs therein. Therefore, this communication of the learned Sub-Judge will have no relevance as on date. The first and second respondents cannot place any further reliance on the communication by the learned Sub-Judge, Vedasandur which is complained in the present Writ Petitions.

4. By recording that particular fact, these Writ Petitions are disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) Nsr/Lm 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.

To Palani Town and Taluk, Dindigul District.

Vedasandur Taluk, Dindigul District.

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+1 CC to M/s.SPL GP ( SR-35174[F] dated 19/11/2021 ) +2 CC to M/s.A. SARAVANAN, Advocate ( SR-35011[F], 35012 dated 18/11/2021 ) 18.11.2021 KM(CO) KB(01.12.2021) 4P 6C 4/4