Madras High Court
S.Sankararaman vs The District Collector on 20 December, 2021
W.P.(MD).No.19210 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 20.12.2021
CORAM
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN
W.P.(MD).No.19210 of 2021
and
W.M.P(MD).No.15935 of 2021
S.Sankararaman ... Petitioner
Vs.
1.The District Collector,
Kanyakumari District,
Nagercoil.
2.The District Revenue Officer,
O/o.District Collector Office,
Nagercoil,
Kanyakumari District.
3.The Tahsildar,
Agastheeswaram Taluk,
District Collector Office,
Kanyakumari District.
4.Suseela
5.The Inspector of Police,
Kanyakumari Police Station,
Kanyakumari.
6.Senbagam @ Kasthuri ... Respondents
1/6
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.19210 of 2021
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Mandamus, directing the respondent No.2
to direct the respondent No.3 and 5 not to interfere in the civil dispute
pertaining to the land in R.S.No.660/23 (Old Survey No.1/189) an extent of 9
cents situated at Kanyakumari Village, Agastheeswaram Taluk in favour of
respondent No.6.
For Petitioner : Mr.S.Rajasekar
For R-1 to R-3 and R-5 : Mr.D.Ghandiraj,
Special Government Pleader.
For R-4 : No appearance
For R-6 : Mr.N.Dilip Kumar
ORDER
The Writ Petition is totally misconceived. It has been filed with
respect to a First Appeal namely A.S.No.19 of 2013, which is now pending on
the file of the District Court, Nagercoil. The First Appeal has been filed in a
suit for partition which was O.S.No.228 of 2010 and in which, a preliminary
decree was passed by the Principal Sub Court, Nagercoil on 22.11.2012. The
parties are at lis for nearly more than 10 years.
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W.P.(MD).No.19210 of 2021
2. The present Writ Petition has been filed in the nature of
Mandamus seeking a direction to the second respondent / the District Revenue
Officer, Nagercoil, Kanyakumari District to direct the third respondent / the
Tahsildar, Agastheeswaram Taluk, District Collector Office, Kanyakumari
District and the fifth respondent / the Inspector of Police, Kanyakumari Police
Station, Kanyakumari, not to interfere with the said First Appeal.
3. Mr.D.Ghandiraj, learned Special Government Pleader, takes
notice on behalf of respondents 1 to 3 and 5. Mr.N.Dilip Kumar, learned
counsel, takes notice on behalf of the sixth respondent. There is no appearance
on behalf of the fourth respondent.
4. I am confident that the learned District Judge, Nagercoil, before
whom A.S.No.19 of 2013 is pending, would deliver a judgment in the said First
Appeal on the basis of the evidence recorded by the Trial Court and presented
before him and also on the basis of documents which had been filed proved
admissible by the Trial Court. No other consideration should affect the learned
District Judge while examining the points for consideration in A.S.No.19 of
2013.
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W.P.(MD).No.19210 of 2021
5. Let the learned District Judge frame necessary points for
consideration as per the provisions of Order 41 Rule 30 of C.P.C and then
answer them in the course of deciding the said First Appeal. The other aspects
which are not directly related to the issues either in the issues framed by the
Trial Court or the points framed under Order 41 Rule 30 of C.P.C, should not
weigh on the mind of the learned District Judge while deciding the said First
Appeal. The issue of the District Revenue Officer or the Tahsildar or the
Inspector of Police, trying to somehow or other interfere with the proceedings
can never be countenanced by the Court. I am confident that such interference
will not happen.
6. Accordingly, this Writ Petition is disposed of by placing a
caveat on the learned District Judge, Nagercoil to dispose of the First Appeal in
A.S.No.19 of 2013, within a period of thirty (30) days from the date on which
the final arguments conclude. There shall be no order as to costs.
Consequently, connected miscellaneous petition stands closed.
20.12.2021
Index : Yes / No
Internet : Yes/ No
Lm
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W.P.(MD).No.19210 of 2021
Note : In view of the present lock down owing to COVID-19
pandemic, a web copy of the order may be utilized for official
purposes, but, ensuring that the copy of the order that is
presented is the correct copy, shall be the responsibility of the
advocate/litigant concerned.
To
1.The District Collector,
Kanyakumari District,
Nagercoil.
2.The District Revenue Officer,
O/o.District Collector Office,
Nagercoil,
Kanyakumari District.
3.The Tahsildar,
Agastheeswaram Taluk,
District Collector Office,
Kanyakumari District.
4.The Inspector of Police,
Kanyakumari Police Station,
Kanyakumari.
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.19210 of 2021
C.V.KARTHIKEYAN, J.
Lm
W.P.(MD).No.19210 of 2021
20.12.2021
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