H.S. Mohaideen v. Paramakudi Municipality
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.07.2022
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and W.M.P.(MD)No.5428 of 2022 and M.P.(MD)No.1 of 2015 H.S.Mohaideen ... Petitioner Vs.
1. Paramakudi Municipality represented by its Commissioner Municipal Office, Paramakudi-623 707.
Ramanathapuram District.
2. The Chairman Paramakudi Municipality, Municipal Office, Paramakudi, Ramanathapuram District.
3. The Revenue Divisional Officer Ramanathapuram District.
... Respondents 1/6
PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, forbearing the respondents from illegally constructing in any portion in Old.R.S.No.9/15 equal to T.S.NO. 51 and 53, Paramakudi Town. For Petitioner : Mr.T.S.R.Venkataramana For R1 & R2 : Mr.M.Kannan For R3 : Mr.D.Sasikumar Additional Government Pleader
ORDER
The present writ petition has been filed seeking for a Mandamus forbearing the respondents from any way illegally putting up any construction in any portion of Old R.S.No.9/15 equal to T.S.No.51 and 53 of Paramakudi Town.
2. According to the learned counsel for the petitioner, the said survey number is a private patta land of the writ petitioner. The Municipality under the guise of expanding Paramakudi Bus stand, they have encroached over the portion of the patta land belonging to the writ 2/6
petitioner. The learned counsel for the petitioner has further contended that fraudulently the Municipality has mutated the revenue records without even issuing a notice to the petitioner. Despite several attempts made on the side of the writ petitioner, the respondent Municipality has not removed the encroachments. Thereafter, the respondent Municipality has started putting up some constructions in the patta land of the writ petitioner. Hence, the present writ petition has been filed.
3. Per contra, the learned counsel for the respondent Municipality has contended that there is a serious title dispute with regard to the R.S.No.9/15 equal to T.S.No.51 and 53 of Paramakudi Town and hence the issue cannot be decided in the writ petition.
4. The learned counsel for the petitioner submitted that the petitioner has already filed O.S.No.47 of 2022 before the Additional District Court (FTC) at Paramakudi for the relief of declaration of title and permanent injunction. When a comprehensive civil suit has already been filed before a competent Civil Court, this Court would not like to 3/6
exercise its jurisdiction under Article 226, especially, when there is a serious title dispute between the petitioner and the respondent Municipality.
5. The learned Counsel for the petitioner has sought an order of status quo to be maintained during the pendency of the civil suit. It is for the competent Civil Court to decide whether to grant any interim order during the pendency of the civil suit. The learned Counsel for the petitioner has further requested that a time limit may be fixed for completion of the trial. Admittedly, the civil suit has been numbered only last week and summons are yet to be served upon the respondents. Even as per the Civil Procedure Code, the respondent Municipality, which is arrayed as a defendant in the suit is having 90 days period to file a written statement. In such view of the matter, a direction cannot be issued to dispose of the suit at this point of time. In case, if the petitioner feels that the defendants are unnecessarily taking time to drag on the proceedings, he is at liberty to approach this court with an appropriate application for expeditious disposal of the suit. 4/6
6. With the above said observations, the Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed.
07.07.2022 Index :
Yes / No Internet :
Yes / No jbr Note: Issue order copy on 08.07.2022.
To
1. The Commissioner Paramakudi Municipality Municipal Office, Paramakudi-623 707.
Ramanathapuram District.
2. The Chairman Paramakudi Municipality, Municipal Office, Paramakudi, Ramanathapuram District.
3. The Revenue Divisional Officer Ramanathapuram District.
5/6
R.
VIJAYAKUMAR ,J.
jbr Order made in 07.07.2022 6/6