Muthuraj K v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.11.2023
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)No.23737 of 2023 K.Muthuraj ... Petitioner Vs.
1.The District Collector, Virudhunagar, Virudhunagar District.
2.The President, Chatrareddiapatti Panchayat, Virudhunagar District.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, forbear the second respondent to construct the Bus Shelter at eastern side of the petitioner's property situated at Survey No. 357, NGO Colony west, Chatirareddiapatti Village, Virudhunagar District till the disposal of O.S.No.145 of 2023 on the file of the Subordinate Court, Virudhunagar District.
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For Petitioner : Mr.S.Poornachandran For Respondents : Mr.M.Prakash Additional Government Pleader
ORDER
Heard both sides.
2. The writ petitioner had already filed O.S.No.145 of 2023 on the file of Sub Court, Virudhunagar. He had also filed an Interlocutory Application therein.
3. In my view, the petitioner should pursue his remedy in the pending suit. The learned Sub Judge, Virudhunagar is directed to dispose of the Interlocutory Application filed by the petitioner on merits and in accordance with law within a period of ten days from the date of receipt of a copy of this order. I make it clear that I have not gone into the merits of the matter.
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4. Granting such liberty to the petitioner and with the aforesaid direction to the learned trial Judge, this writ petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
22.11.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA Note : Issue order copy on 22.11.2023.
To 1.The District Collector, Virudhunagar, Virudhunagar District.
2.The President, Chatrareddiapatti Panchayat, Virudhunagar District.
Copy to:
The Sub Court, Virudhunagar District.
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G.R.SWAMINATHAN, J.
MGA and W.M.P(MD)No.23737 of 2023 22.11.2023 4/4