Madras High Court
Ponnan vs Palanichamy on 11 June, 2021
W.A.(MD)No.1199 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 11.06.2021
CORAM
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)No.1199 of 2021
and
CMP(MD).No.5077 of 2021
Ponnan ... Appellant/5th respondent
Vs.
1. Palanichamy ... Respondent/Petitioner
2. The Revenue Divisional Officer,
O/o.The Revenue Divisional Officer,
Marungapuri Taluk,
Yrichy District.
3. The Tahsildar,
Marungapuri Taluk,
Trichy District.
4. The Inspector of Survey,
Marungapuri Taluk,
Trichy District.
5. The State Rep. by
Inspector of Police,
Thivarankurichi Police Station,
Trichy District. ... Respondents/Respondents
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W.A.(MD)No.1199 of 2021
Prayer: Writ Appeal filed under Clause 15 of Letters Patent, against the order of
this Court made in W.P.(MD) No.6163 of 2019, dated 26.04.2019.
For Appellant : Mr.P.Ganapathi Subramanian
For Respondents : Mr.N.R.Balaji,
for R1
Mr.A.K.Manickam,
Standing Counsel for Government
for R2 to R5
JUDGMENT
[Judgment of the Court was delivered by T.S.SIVAGNANAM,J.]
We have heard Mr.P.Ganapathi Subramaniam, learned counsel
appearing for the appellant; Mr.N.R.Balaji, learned counsel appearing for the
first respondent-writ petitioner and Mr.A.K.Manickam, learned Government
Counsel appearing for the respondents 2 to 5.
2. This writ appeal filed by the fifth respondent in the writ petition is
directed against the order dated 26.04.2019 in W.P(MD).No.6163 of 2019.
3. The first respondent filed the writ petition to direct the respondents
2,3 and 4 herein, to pass appropriate orders on his representation dated
18.02.2019, for surveying the property in question. The learned Single Bench
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W.A.(MD)No.1199 of 2021
noting that the first respondent has filed a suit in O.S.No.206 of 2010, for a
decree of injunction on the file of the District Munsif Court, Manapparai and
the first respondent herein has filed O.S.No.124 of 2010, for declaration and
recovery of possession on the file of the District Munsif Court, Manapparai and
noting that there is no interim order granted in O.S.No.206 of 2010, filed by the
appellant granted the appellant two months time to secure interim order, failing
which, directed the authorities to conduct survey and conclude the same within
a period of two months thereafter. There is a subsequent development namely,
though the suit in O.S.No.124 of 2010 filed by the first respondent herein, has
been decreed on 27.11.2018, O.S.No.206 of 2010, was dismissed.
4. The appellant has filed appeals against both the judgments and
decrees before the Subordinate Court, Trichy, but the same are yet to be
numbered and they are at the S.R stage. The appellant's contention is that the
first respondent having obtained a decree of declaration and recovery of
possession from the appellant, ought to approach the executing Court for
executing decree and cannot file a writ petition. Since the matter is pending
before the civil Court, it is advisable for the parties to seek for appropriate
interim relief in the suit and at this stage, if the revenue authorities are directed
to enter into the property, it may result in other proceedings and may also lead
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W.A.(MD)No.1199 of 2021
to criminal cases being filed. Therefore, we dispose of this writ appeal by giving
liberty to the first respondent to approach the civil Court/executing Court or in
the appeal which has been filed by the appellant for appropriate interim relief
which shall be considered by the competent Court in accordance with law.
5. With this above observation, this Writ Appeal stands disposed of
and the direction issued by the learned Single Bench stands vacated and leaving
it open to the parties to agitate their rights before the civil Court. No costs.
Consequently, connected miscellaneous petition is closed.
Index :Yes/No (T.S.S.,J.) (S.A.I.,J.)
Internet :Yes/No 11.06.2021
pkn
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.
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W.A.(MD)No.1199 of 2021
To
1. The Revenue Divisional Officer,
O/o.The Revenue Divisional Officer,
Marungapuri Taluk,
Yrichy District.
2. The Tahsildar,
Marungapuri Taluk,
Trichy District.
3. The Inspector of Survey,
Marungapuri Taluk,
Trichy District.
4. The Inspector of Police,
Thivarankurichi Police Station,
Trichy District.
T.S.SIVAGNANAM, J.
and
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W.A.(MD)No.1199 of 2021
S.ANANTHI, J.
pkn
W.A.(MD)No.1199 of 2021
11.06.2021
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