R.Pandi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.10.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and W.M.P.(MD) No.17091 of 2023 R.Pandi

...Petitioner

-Vs.- 1.The District Collector, 2.The Revenue Divisional Officer, Melur Revenue Divisional Office, Narasingampatti @ Vellaripatti, Melur Taluk, Madurai - 625 122.

3.The Tahsildar, Melur Taluk Office, Melur - 625 106, Madurai District.

4.The Block Development Officer, Melur, (East Panchayat Union), Melur (Block), Melur, 1/4

5.The Panchayat President, Naavinipatty Village Panchayat, Naavinipatty Post, Melur Taluk, Madurai - 625 106.

...Respondents

PRAYER:- Writ Petition filed under Article 226 of Constitution of India, praying for issuance of a Writ of Certiorari, to call for the records relating to the impugned order passed by the 1st respondent in his order Na.Ka.No.968081/2023/J3 dated 10.08.2023.

For Petitioner : Mr.E.Mohamed Abbas For Respondents : Mr.S.Shanmugavel Additional Government Pleader ****

ORDER

(Order of the Court was made by V.LAKSHMINARAYANAN, J.) The petitioner claims title to the property situated in S.Nos. 481/1B and 481/2, Navinipatti, Melur Taluk, Madurai District. 2.

The petitioner has challenged the order that has been passed by the first respondent District Collector in his proceedings in Na.Ka.No.968081/2023/J3 dated 10.08.2023. This Court had directed the District Collector to submit a report and he has submitted a report holding that the patta which has been produced before this Court is a bogus one.

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3.

Be that as it may, Mr.E.Mohammed Abbas, learned counsel appearing for the writ petitioner has brought to our notice that a suit has been presented in O.S.No.222 of 2013, which is currently pending on the file of the District Munsif Court, Melur. 4.

The District Collector is the first respondent in the said proceedings. The relief that has been sought for in the suit is for a bare injunction based on title to the property. When civil suits are pending, this Court would not interfere in a writ proceedings. Therefore, leaving it open to the writ petitioner to work out his rights in the pending suit in O.S.No.222 of 2013, this Writ Petition stands dismissed. No costs. Consequently, connected Writ Miscellaneous Petition is closed. [S.M.S.J.,] & [V.L.N.J.,] NCC :Yes/No 03.10.2023 Index :Yes/No Internet :Yes/No SJ To 1.The District Collector, 3/4

S.M.SUBRAMANIAM, J.

AND V. LAKSHMINARAYANAN, J.

SJ 2.The Revenue Divisional Officer, Melur Revenue Divisional Office, Narasingampatti @ Vellaripatti, Melur Taluk, Madurai - 625 122.

3.The Tahsildar, Melur Taluk Office, Melur - 625 106, Madurai District.

4.The Block Development Officer, Melur, (East Panchayat Union), Melur (Block), Melur, 5.The Panchayat President, Naavinipatty Village Panchayat, Naavinipatty Post, Melur Taluk, Madurai - 625 106.

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