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Madras High CourtWP(MD)/20337/2017dismissed

M.Govindaraj v. The District Collector

2024-12-04Honourable Mr Justice K.Kumaresh Babu4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.12.2024

CORAM:

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU M.Govindaraj .. Petitioner Vs.

1.The District Collector, Tiruchirappalli District, Tiruchirappalli.

2.The Revenue Divisional Officer, Lalgudi, Trichy District.

3.The Tahsildar, Lalgudi, Trichy District.

4.Kalliyan .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorari, to call for the records relating to the impugned order passed by the 2nd respondent in his proceedings in Na.Ka.No. A4/100/2017, dated 25.07.2017 and quash the same as illegal. For Petitioner :

Mr.M.Siddharthan

For R1 to R3 :

Mr.J.K.Jeyaseelan Government Advocate For R4 :

Mr.S.I.Muthiah

ORDER

The challenge in the writ petition is to an order passed by the Revenue Divisional Officer, Lalgudi, the second respondent herein restraining any construction being put up in S.No.108/12 on the premise that a suit in O.S.No.459 of 2015 was pending on the file of the District Munsif Court, Lalgudi.

2. When the matter was taken up today, the learned counsel appearing for the fourth respondent had produced a copy of the judgment and decree of the District Munsif Court, Lalgudi made in O.S.No.459 of 2015, which was the suit indicated in the order impugned.

3. A perusal of the judgment would indicate that the fourth respondent herein had been benefited with an order of permanent

injunction as against the Oottathoor Panchayat, represented by its Special Officer, Pullampadi Panchayat Union.

4. In view of the beneficial order of injunction in favour of the fourth respondent, the order passed by the second respondent cannot be faulted. It is for the petitioner and the fourth respondent to workout their remedies in the manner known to law.

5. With the aforesaid liberty, this Writ Petition stands dismissed. However, there shall be no order as to costs. 04.12.2024 NCC : Yes/No Index : Yes/No Internet : Yes abr To 1.The District Collector, Tiruchirappalli District, Tiruchirappalli.

K.KUMARESH BABU, J.

abr 2.The Revenue Divisional Officer, Lalgudi, Trichy District.

3.The Tahsildar, Lalgudi, Trichy District.

Dated: 04.12.2024