D.Mohanraj vs M.Rose
2022 Latest Caselaw 7363 Mad

                                                                             W.A.No.2674 of 2021



                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 07.04.2022

                                                         CORAM :

                        THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE
                                                          AND
                                  THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY


                                                  W.A.No.2674 of 2021
                     D.Mohanraj                                              .. Appellant

                                                           Vs
                     1.M.Rose

                     2.The District Collector
                       Kancheepuram District
                       Kanchipuram.

                     3.The Tahsildar
                       Taluk Office
                       Walajabad
                       Kanchipuram District.

                     4.The Head Surveyor
                       Taluk Office
                       Walajabad, Kanchipuram District.                 .. Respondents


                     Prayer: Writ Appeal filed under Clause 15 of the Letters Patent against
                     the order dated 16.08.2021 in W.P.No.15539 of 2021.


                                     For the Appellant      : Mr.P.Satheesh Kumar



                     ____________
                     Page 1 of 4


https://www.mhc.tn.gov.in/judis
                                                                               W.A.No.2674 of 2021



                                      For the Respondents     : Mr.T.V.G.Kartheeban for R1
                                                                Mr.P.Muthukumar
                                                                State Government Pleader
                                                                for RR 2 to 4

                                                        JUDGMENT

(Delivered by the Hon'ble Chief Justice)

By this writ appeal, a challenge is made to the judgment

dated 16.08.2021, where the writ petition was disposed of by the

learned Single Judge giving certain directions to the Tahsildar,

Walajabad.

2. The writ petition was pressed by the petitioner / non-

appellant making allegations against the officer, even though he

was not made a party to the writ petition. We find that the issue is

pending before Civil Court and pending suit, in the absence of

provisions, the Tahsildar would have no role to play. Yet, the

learned Single Judge has given a direction to the Tahsildar to take

up the matter and decide the same within 20 weeks.

____________

https://www.mhc.tn.gov.in/judis W.A.No.2674 of 2021

3. The order of the learned Single Judge cannot be accepted

when the matter is pending in the Civil Court. The litigation of the

same nature and regarding the same property cannot be brought

before different forums. Such practice has to be deprecated. Thus,

the order of the learned Single Judge is set aside and, the writ

appeal is allowed.

                                                               (M.N.B., CJ)      (D.B.C., J.)
                                                                         07.04.2022
                     Index : Yes/No
                     KST

                     To

                     1.The District Collector
                       Kancheepuram District
                       Kanchipuram.

                     2.The Tahsildar
                       Taluk Office
                       Walajabad
                       Kanchipuram District.

                     3.The Head Surveyor
                       Taluk Office

Walajabad, Kanchipuram District.

____________

https://www.mhc.tn.gov.in/judis W.A.No.2674 of 2021

M.N.BHANDARI, C.J,.

AND D.BHARATHA CHAKRAVARTHY, J.

(KST)

W.A.No.2674 of 2021

07.04.2022

____________

https://www.mhc.tn.gov.in/judis