Madras High CourtWP(MD)/13410/2018dismissed

T.C.Gopalakrishnan v. The General Manager

2020-11-26Honourable Mr Justice S. Vaidyanathan2 pages

W.P(MD)No.13410 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.11.2020

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P(MD)No.13410 of 2018 and W.M.P.(MD).No.12216 of 2018 T.C.Gopalakrishnan ... Petitioner Vs.

1.The General Manager, State Bank of India, (previously known as State Bank of Travancore), P.B.No.34, Poonjpura, Thiruvendrum.

2.The Branch Manager, State Bank of India, (previously known as State Bank of Travancore), Periyakulam, Theni District.

3.D.Chandrasekar ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to forbear the second respondent and their men, agents from interfering with the physical possession of the petitioner and from in any manner disturbing the petitioner from the property situated at Survey No.532/1, Patta No.2354 in Kukal Village, Kodaikanal Taluk, Dindigul District admeasuring 3 acres 31 cents within the Registration District of Dindigul, and Sub Registration Office of Kodaikanal.

For Petitioner : Mr.V.S.Kumaraguru For Respondents : Mr.Mahaboob Athiff For R2 Mr.C.R.Kasiviswanathan For R3

ORDER

This writ petition has been filed for issuance of a Writ of Mandamus, to forbear the respondents and their men, agents from interfering with the petitioner's peaceful possession of the property situated at Survey No.532/1, Patta No.2354 in Kukal Village, Kodaikanal Taluk, Dindigul District admeasuring 3 acres 31 cents within the Registration District of Dindigul, and Sub Registration Office of Kodaikanal.

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W.P(MD)No.13410 of 2018

2. Heard both sides.

3. Though the petitioner has sought for a direction to forbear the respondents and their men from interfering with the petitioner's peaceful possession of the property in question, such a blanket direction cannot be issued by this Court. A reading of the typeset of papers shows that the remedy lies to the petitioner only before the Civil Court and this Court cannot look into the issue raised in this writ petition.

4. Therefore, without going into the merits of the matter, this writ petition stands dismissed by granting liberty to the petitioner to agitate his grievance before the appropriate forum. No Costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (AD-I) // True Copy // / /2020 Sub Assistant Registrar(CS) PJL 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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