Karuppanan @ Karuvayan v. The Special Deputy Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.10.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.24055 of 2023 and W.M.P(MD)No.20207 of 2023 Karuppanan @ Karuvayan ... Petitioner Vs.

1.The Special Deputy Collector, Revenue Court, Madurai.

2.The Tahsildar, Madurai East Taluk, Madurai.

3.Meiyammai @ Baby Sevugan ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records relating to the impugned order passed by the first respondent in his Proceedings in Na.Ka.No.207/2023/A1, dated 19.09.2023 and quash the same.

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For Petitioner : Mr.RM.Arun Swaminathan For Respondents : Mr.K.Balasubramani Special Government Pleader for R.1 & R.2 Mr.S.Manohar for R.3

ORDER

Heard both sides.

2. Eviction order has already been enforced. Possession has been taken by the second respondent. In any event, so long as the primary order has not been stayed or set aside, it is not open to the petitioner to seek remedy in writ proceedings. The writ petition itself is not maintainable.

3. This writ petition stands dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. 04.10.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA 2/4

To 1.The Special Deputy Collector, Revenue Court, Madurai.

2.The Tahsildar, Madurai East Taluk, Madurai.

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G.R.SWAMINATHAN, J.

MGA W.P(MD)No.24055 of 2023 and W.M.P(MD)No.20207 of 2023 04.10.2023 4/4