Madras High Court
A.Anwar Ibrahim vs The Special Tahsildar on 21 June, 2021
W.P(MD)No.22729 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 21.06.2021
CORAM:
THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH
W.P(MD)No.22729 of 2019
and
W.M.P.(MD)No.19477 of 2019
A.Anwar Ibrahim ... Petitioner
versus
1. The Special Tahsildar,
Town Settlement,
Ponmalai Zone,
Tahsildar Office (West),
Cantonment,
Tiruchirappalli – 620 001.
2. The Sub-Inspector of Survey,
Town Settlement,
Ponmalai Zone,
Tahsildar Office (West),
Cantonment,
Tiruchirappalli – 620 001.
3. Navid Ibrahim ... Respondents
Writ Petition filed under Article 226 of the Constitution of India,
seeking for the issuance of Writ of Certiorarified Mandamus to call for the
records culminated in the impugned notice dated 11.10.2019 on the file of
1/8
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W.P(MD)No.22729 of 2019
the 2nd respondent and quash the same as illegal, unlawful, without
jurisdiction and without any authority not binding on the petitioner and
consequently, direct the respondents 1 and 2 not to alter or change the
survey sketch and record in respect of the property belonging to the
petitioner comprised in Old S.F.No.227/2 admeasuring to an extent of Acre
2.36 Cents corresponding to New Ward No.AW, Block 12, New T.S.No.12
Part, Old Door No.203, New Door No.65.
For Petitioner : Mr.Shangar Murali
For R1 and R2 : Mr.M.Lingadurai,
Government Advocate
For R3 : Mr.C.Arul Vadivel @ Sekar
ORDER
The subject matter of challenge in the present writ petition is the
impugned notice issued by the second respondent on 11.10.2019, wherein,
the second respondent had directed the parties to be present on 16.10.2019,
while conducting the survey of the subject property along with their title
documents.
2. Heard Mr.Shangar Murali, learned counsel for the petitioner,
Mr.M.Lingadurai, learned Government Advocate appearing for the
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W.P(MD)No.22729 of 2019
respondents 1 and 2 and Mr.C.Arul Vadivel @ Sekar, learned counsel
appearing for the 3rd respondent.
3. It may not be necessary for this Court to extract the facts of the
case and deal with the merits of the case, in view of some developments that
have taken place in this case. It is also brought to the notice of this Court
that an Advocate Commissioner was appointed during the pendency of the
writ petition and a report was also filed by the Advocate Commissioner.
4. In the considered view of this Court, it is not necessary to go into
the report of the Advocate Commissioner also in view of the subsequent
developments.
5. It is brought to the notice of this Court that the 3 rd respondent has
filed a suit in O.S.No.740 of 2019 before the First Additional District
Munsif Court, Tiruchirappalli, against the petitioner seeking for the relief of
permanent injunction with respect to the subject property. Similarly, the
petitioner has also filed a substantive suit in O.S.No.125 of 2021 on the file
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W.P(MD)No.22729 of 2019
of the First Additional District Court, Trichirappalli, seeking for the relief of
declaration and permanent injunction with respect to the subject property.
In view of this development, it will be more appropriate to leave the issue to
be agitated by the petitioner and the 3rd respondent before the competent
Civil Court, in which, the suits are pending. This is more so, since a
substantive suit has also been filed and therefore, the Court will obviously
decide on the title over the property and the party who is in possession of
the property.
6. In view of the above development, the Revenue authorities can
lay off their hands and can await the Judgment and Decree in the Civil
Proceedings. The petitioner and the 3rd respondent can raise all the claims
before the Civil Court in the pending proceedings and the same will be
considered on its own merits and in accordance with law by the concerned
Court.
7. For the present, the suits are pending before two different Courts
and therefore, it becomes necessary to transfer the suit in order to enable
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W.P(MD)No.22729 of 2019
both the suits to be tried by the same Court. Hence, the suit in O.S.No.740
of 2019 is withdrawn and transferred from the file of the First Additional
District Munsif Court, Tiruchirappalli, to the file of the First Additional
District Court, Tiruchirappalli, to be tried along with O.S.No.125 of 2021.
This will ensure that there are no conflicting Judgments passed by two
different Courts with respect to the same parties and the same subject matter
property.
8. In view of the above discussion, this writ petition is disposed of
with the following directions:
(a) The First Additional District Munsif Court is directed to
immediately transfer the entire case bundle in O.S.No.740 of 2019 to the file
of the First Additional District Judge, within a period of two weeks from the
date of receipt of a copy of this order;
(b) The First Additional District Court immediately on receipt of the
case bundle from the First Additional District Munsif Court, shall try the
suit jointly along with O.S.No.125 of 2021, since the parties are the same
and the subject matter property is also common;
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W.P(MD)No.22729 of 2019
(c) It is left open to the petitioner and the 3rd respondent to put forth
all their claims before the First Additional District Court, Tiruchirappalli
and the same shall be considered on its own merits and in accordance with
law;
(d) If the petitioner and the 3rd respondent seek for any interim order,
it is left open to them to move appropriate applications before the First
Additional District Court, Tiruchirappalli and the same shall be considered
on its own merits and in accordance with law;
(e) The Revenue authorities shall not interfere with the dispute
between the petitioner and the 3rd respondent and they shall await the final
Judgment and decree in the civil proceedings; and
(f) The First Additional District Court, Tiruchirappalli, is directed to
dispose of both the suits, within a period of six months from the date of
receipt of a copy of this order.
No costs. Consequently, connected miscellaneous petition is closed.
21.06.2021
Index : Yes / No.
Internet: Yes / No.
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W.P(MD)No.22729 of 2019
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 Special Tahsildar,
Town Settlement,
Ponmalai Zone,
Tahsildar Office (West),
Cantonment,
Tiruchirappalli – 620 001.
2. The Sub-Inspector of Survey,
Town Settlement,
Ponmalai Zone,
Tahsildar Office (West),
Cantonment,
Tiruchirappalli – 620 001.
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W.P(MD)No.22729 of 2019
N. ANAND VENKATESH, J.
ogy
W.P(MD)No.22729 of 2019
21.06.2021
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